Madras High CourtCRL OP/22204/2017ordered

Elavarasan, M/25, v. The State,

2017-10-23Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.22204 of 2017 Elavarasan .... Petitioner Vs The Inspector of Police, Jayankondam Police Station, Ariyalur District.

(Crime No.367 of 2017)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Judge (PCR Cases)/ Principal Sessions Judge, Ariyalur to dispose the bail petition of the petitioner on the same day on merits in crime number 367 of 2017 on the file of the respondent police. For Petitioner : Mr.G.Pugazhenthi For Respondent : Mr.P.Govindarajan Additional Public Prosecutor *****

O R D E R

This petition is filed for a direction to the Special Judge (PCR Cases )/Principal Sessions Judge, Ariyalur , to consider the petitioners' bail petition on the same day of his surrender in connection with Crime No.367 of 2017, since 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 Special Judge(PCR Cases)/Principal Sessions Judge,Ariyalur, to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Cr.No.367 of 2017 and pass appropriate orders in accordance with law after affording due opportunity to the victim.

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

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

1. The Special Judge, Principal Sessions Judge, PCR Cases, Ariyalur

2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Jayankondam Police Station, Ariyalur Dt.

+1cc Mr.G.Pugazhenthi, Advocate in sr.74869 (15/11/17) CRL.O.P.No.22204 of 2017 rsk(co) ss(23/10/2017) https://hcservices.ecourts.gov.in/hcservices/