Vijayamitharaj v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.03.2019 CORAM :

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6241 of 2019 Vijayamirtharaj ... Petitioner Vs

1. The Inspector of Police, Thirukoilur Police Station, Villupuram District.

2. The District Superintendent of Police, Thirukoilur Police Station, Villupuram District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to pass an order of direction, to direct the Special Court for exclusive trial of cases registered under SC/ST (POA) Act, Villupuram, to consider the petitioner bail application on his surrender in connection with the Crime No.30 of 2019 on the file of th 1st respondent on the same day on merits.

For Petitioner : Mr.P.Vasanth For Respondents: Mr.C.Raghavan Government Advocate (Criminal Side)

O R D E R

This petition is filed for a direction to the Special Court for exclusive trial of cases registered under SC/ST (POA) Act, Villupuram, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.30 of 2019, 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 https://hcservices.ecourts.gov.in/hcservices/

of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Special Court for exclusive trial of cases registered under SC/ST (POA) Act, Villupuram, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.30 of 2019 and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioners shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order.

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

ssr/at Sd/- Assistant Registrar(CS VIII) /True Copy// Sub Assistant Registrar To

1. The Special Court for exclusive trial of cases registered under SC/ST (POA) Act, Villupuram.

2. The Inspector of Police, Thirukoilur Police Station, Villupuram District.

3. The District Superintendent of Police, Thirukoilur Police Station, Villupuram District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Vasanth, Advocate, SR.No.23751.

(dated:25.03.2019) Crl.O.P.No. 6241 of 2019 kak(11/03/2019) https://hcservices.ecourts.gov.in/hcservices/