Madras High CourtCRL OP/24209/2017ordered

Basha@Mahendran, M/A.22 v. The State Represented By

2017-11-10Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.24209 of 2017 Basha @ Mahendran ..Petitioner Vs State represented by The Inspector of Police, Sadras Police Station, Kancheepuram District

...Respondent

(Crime No.358 of 2017) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Additional Sessions Judge (P.C.R), Special Judge for Prevention of SC/ST Atrocities Act, Kancheepuram to consider the petitioner's bail petition on the same day of his surrender before the Court in connection with Crime No. 358 of 2017 on the file of the respondent Police. For Petitioner : Mr.S.Viswagandhi For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Additional Sessions Judge (P.C.R), Special Judge for Prevention of SC/ST Atrocities Act, Kancheepuram, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.358 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 theAdditional Sessions Judge (P.C.R), Special Judge for Prevention of SC/ST Atrocities Act, Kancheepuram, to consider the petitioner's bail https://hcservices.ecourts.gov.in/hcservices/

application, preferably on the same day of his surrender in connection with Crime No. 358 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/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ak To

1. The Additional Sessions Judge (P.C.R), Special Judge for Prevention of SC/ST Atrocities Act, Kancheepuram

2. The Inspector of Police, Sadras Police Station, Kancheepuram District

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Viswagandhi, Advocate, S.R.No.79797 CRL.O.P.No.24209 of 2017 RSK(CO) GN(13/11/2017) https://hcservices.ecourts.gov.in/hcservices/