Annamalai, (19 Years) v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.5613 of 2018 1.Annamalai 2.P.Nagarajan 3.V.Subash 4.V.Vignesh 5.A.Thamarai Kannan 6.S.Sankar 7.P.Parthiban 8.R.Gopi 9.Thanigaiyarasu 10.Babu @ Bathmanaban 11.Dhayalan 12.N.Balaji 13.Shankaran 14.P.Ramesh 15.D.Rajesh 16.Thamizhselvan 17.S.Jothi 18.Vadivelu ..Petitioners/Accused 11 to 28 Vs 1.The State rep. by The Sub-Inspector of Police, Arakonam Taluk Police Station, 2.The Deputy Superintendent of Police, Vellore District. ..Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge, Vellore to accept the surrender of the petitioners and consider the bail application of the petitioners and pass orders on the same day in connection with the F.I.R. No.59 of 2018.

For Petitioners : Mr.J.Shanmuga Sundara Babu For Respondents : Mr.C.Raghavan, Government Advocate (Crl.side)

O R D E R

This petition is filed for a direction to the learned Principal District and Sessions Judge, Vellore, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.59 of 2018, 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 Principal District and Sessions Judge, Vellore, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 59 of 2018 and pass appropriate orders in accordance with law after affording due opportunity to the victim. The petitioner shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar nl To 1.The Principal District and Sessions Judge, Vellore 2.The Sub-Inspector of Police, Arakonam Taluk Police Station,

3.The Deputy Superintendent of Police, 4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.J.Shanmuga Sundara Babu, Advocate, S.R.No.14202 CRL.O.P.No.5613 of 2018 GJ II(CO) RRK(26/02/2018)