Madras High CourtCRL OP/21552/2017ordered

Sivakolunthu, v. The State Rep By

2017-10-11Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.21552 of 2017 Sivakolunthu .. Petitioner Vs The State represented by The Inspector of Police, Puliampatti Police Station, Erode District.

(Crime No. 301 of 2017) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Session Judge (Special Court for Exclusive Trail of cases registered under the SC/ST Prevention of Atrocities Act 1989 read with New Amendment Act 2015 at Erode to accept the surrender of the petitioner herein connected in Crime No.301 of 2017 on the file of Inspector of Police, Puliampatti, Erode and consider the bail petition on the same day itself.

For Petitioner : M/s. M.Kalaiyarasan For Respondent : Mr.P.Govindarajan Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Special Court/Sessions Court, Erode, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.301 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 person, there shall be a direction to the Special https://hcservices.ecourts.gov.in/hcservices/

Court/learned Sessions Judge, Erode, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Cr.No.301 of 2017 and pass appropriate orders in accordance with law after affording due opportunity to the victim.

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

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar rli/kkd To

1. The Sessions Judge, Special Court, Erode.

2. The Inspector of Police, Puliampatti Police Station, Erode District

3. The Additional Public Prosecutor, High Court, Madras.

+1 CC to Mr.M. Kalaiyarasan, Advocate sr 73030. CRL.O.P.No.21552 of 2017 SP(26/10/2017) https://hcservices.ecourts.gov.in/hcservices/