Madras High CourtCRL OP/686/2018ordered

P.Shanmugam, Aged 40 Years, v. The State Of Tamil Nadu

2018-01-12Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.686 of 2018 1.P.Shanmugam 2.K.Sabapathy ..Petitioners Vs The State of Tamil Nadu Rep. by The Inspector of Police, Jari Kondalampaty Police Station, Salem District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Judge, Salem to accept the surrender of the petitioners and consider their bail petition in Crime No.632 of 2017 on the same day. For Petitioners : Mr. K.Selvaraj For Respondent : Mr.P.Kritika Kamal Government Advocate (Crl. side)

O R D E R

This petition is filed for a direction to the learned Principal Sessions Judge, Salem, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.632 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 persons, there shall be a direction to the learned Principal Sessions Judge, Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.632 of 2017 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 period of one week from the date of receipt of a copy of this Order.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nl To

1. The Principal Sessions Judge Salem.

2. The Inspector of Police, Jari Kondalampaty Police Station, Salem District.

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

+1cc to Mr.K.Selvaraj, Advocate, S.R.No.2838 CRL.O.P.No.686 of 2018 RRK(29/01/2018) https://hcservices.ecourts.gov.in/hcservices/