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Madras High CourtCRL OP/8943/2018ordered

S.Palraj, Aged 41 Years, v. The State Rep. By

2018-03-23Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.8943 of 2018 S.Palraj ..Petitioner Vs The State, Rep by The Sub-Inspector of Police, Devattipatti Police Station, Salem District.

...Respondent

(Crime No.123 of 2018) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court/Principal Sessions Judge, Salem to accept the surrender petition filed by the petitioner and on the same day consider the bail application in Crime No.123 of 2018 on the file of the first respondent police. For Petitioner : M/s.J.Stalin For Respondent : Mrs.Kritika Kamal.P Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the Special Court/Principal Sessions Court, Salem, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.504 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 Special Court/Principal Sessions Court, Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Cr.No.123 of 2018 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 a period of fifteen days 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(CO) //True Copy// Sub Assistant Registrar dh To

1. The Principal Sessions Judge, Salem,.

2.The Public Prosecutor, High Court, Madras. +1 Cc to Mr.M. Mohammed Saifulla, Advocate srr 22451. CRL.O.P.No.8943 of 2018 VSN(CO) SP(26/03/2018) https://hcservices.ecourts.gov.in/hcservices/