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Madras High CourtCRL OP/21309/2017ordered

Guna @ Gunasekaran, M/A 26 v. The State Rep By Its,

2017-10-09Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2017

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.O.P.No.21309 of 2017 Guna @ Gunasekaran .. Petitioner Vs State rep by Inspector of Police, Roshanai Police Station, Tindivanam.

(Crime No.737 of 2017) .. Respondent Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to pass an order, directing the Learned Special Judge under Scheduled Caste / Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015 (Principal Sessions Judge) Villupuram to accept the bail application of the petitioner on the same day of presentation in Crime No.737 of 2017 on the file of the respondent police. For Petitioner : Mr.S. Saranraj For Respondent : Mr. P.Govindarajan Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned Learned Special Judge under Scheduled Caste / Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015 (Principal Sessions Judge) Villupuram,

to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.737 of 2017, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Special Judge under Scheduled Caste / Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015 (Principal Sessions Judge) Villupuram, to consider the petitioner's bail application preferably on the same day of his surrender in connection with Crime No.737 of 2017, after hearing the victim also and pass appropriate orders in accordance with law.

3. With the above observations, the Criminal Original Petition is disposed of.

09.10.2017 Index : Yes/No Internet : Yes/No nl/rts Note: Issue order copy on 10.10.2017

To

1. The Special Judge under Scheduled Caste / Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015 (Principal Sessions Judge) Villupuram.

2.The Inspector of Police, Roshanai Police Station, Tindivanam.

3. The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

nl/rts Crl. O.P.No. 21309 of 2017 09.10.2017