Madras High CourtCRL OP/4692/2018ordered

Raj Kumar, Aged 17 Years, v. State By

2018-02-16Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.4692 of 2018

1. Raj Kumar

2. Kamalesh .. Petitioners Vs State by Inspector of Police, Manalmedu Police Station, Nagapattinam District.

(Cr.No.53/18) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Magistrate of the Juvenile Court, Nagapattinam to consider the petitioners bail petition on the same day of their surrender before the Court in connection with Crime No. 53 of 2018 on the file of the respondent Police. For Petitioners : M/s. M.Kumaravel For Respondent : Mr. C.Raghavan Government Advocate (Crl.side) *****

O R D E R

This petition is filed for a direction to the learned Magistrate of the Juvenile Court, Nagapattinam, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.53 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 Magistrate of the Juvenile Court, Nagapattinam, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Cr.No. 53 of 2018 and pass https://hcservices.ecourts.gov.in/hcservices/

appropriate orders in accordance with law after affording due opportunity to the victim. The petitioners 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 IX) //True Copy// Sub Assistant Registrar at To

1. The Magistrate, Juvenile Court, Nagapattinam.

2. The Inspector of Police, Manalmedu Police Station, Nagapattinam District.

(Cr.No.53/18)

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Kumaravel, Advocate, S.R.No.12140 CRL.O.P.No.4692 of 2018 RRK(19/02/2018) https://hcservices.ecourts.gov.in/hcservices/