Madras High CourtCRL OP/5853/2018ordered

Durai, Aged 35 Years, v. The State Rep. By

2018-02-26Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.5853 of 2018 Durai .. Petitioner Vs The State rep.by The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Seerkazhi, Nagapattinam District.

(Crime No.303 of 2014) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal Sessions Judge, Nagapattinam District to consider the petitioner's bail application on the same day on his surrender in Crime No.303 of 2014 on the file of the Deputy Superintendent of Police, Seerkazhi, Nagapattinam District.

For Petitioner : Mr.A.Balamurugan For Respondent : Mr.C.Raghavan Government Advocate (Crl.side)

O R D E R

This petition is filed for a direction to the learned Principal Sessions Judge, Nagapattinam District, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.303 of 2014, 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, Nagapattinam District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.303 of 2014 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. https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar(CS VII) //True Copy// at Sub Assistant Registrar To

1. The Principal Sessions Judge, Nagapattinam District

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Seerkazhi, Nagapattinam District.

(Crime No.303 of 2014)

3. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.A.Balamurugan Advocate sr 14451 dated 02/03/2018 CRL.O.P.No.5853 of 2018 kan(co) aa27/02/2018 https://hcservices.ecourts.gov.in/hcservices/