Madras High CourtCRL OP/21669/2017ordered

T.Pradeep Kumar, M/27 v. The Deputy Superintendent Of

2017-10-12Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.21669of 2017 T. Pradeep Kumar ..Petitioner Vs

1. The Deputy Superintendent of Police, Erode Sub Division, Erode town, Erode District.

2. The Sub Inspector of Police, Modamurichi Police Station, Erode District.

(Crime No. 239 of 2017)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Judge for SC &ST Act cases/Principal Sessions Court, Erode to consider the petitioners bail petition to be filed by the petitioner on the same day of his surrender and to consider the same on merits in connection with the case in Crime No, 239 of 2017 pending on the file of the first respondent police.

For Petitioner : Mr. N. Manokaran For Respondent : Mr.P.Govindarajan Additional Public Prosecutor *****

O R D E R

This petition is filed for a direction to the Special Court/Principal Sessions Court, Erode, to consider the petitioners' bail petition on the same day of his surrender in connection with Crime No.239 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 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/Principal Sessions Court, Erode, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Cr.No.239 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.

Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar aav To

1. The Principal Sessions Judge, Erode

2. The Additional Public Prosecutor, High Court, Madras. 3.The Deputy Superintendent of Police, Erode Sub Division, Erode Town, Erode District.

4.The Sub Inspector of Police, Modamurichi Police Station, Erode District.

+1cc to M/s.N.Manokaran, Advocate sr.73612 CRL.O.P.No.21669 of 2017 ss(25/10/2017) https://hcservices.ecourts.gov.in/hcservices/