Madras High CourtCRL OP/25038/2017ordered

M.Santha Kumar, 27 Years v. State By Its

2017-11-20Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.25038 of 2017 M. Santha Kumar ..Petitioner Vs State by its Inspector of Police, Virinchipuram Police Station, Virinchipuram, Vellore District.

...Respondent

(Crime No. 177 of 2017) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Judge (Special Judge for SC/ST) at Vellore, Vellore District to consider the petitioner's bail application on the same day on his surrender in Crime No. 177 of 2017 on the file of the Inspector of Police, Virinchipuram Police Station, Virinchipuram, Vellore District. For Petitioner : Mr. K.G.Senthil Kumar For Respondent : Mr.C. Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Principal Sessions Judge (Special Judge for SC/ST) at Vellore, Vellore District, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.177 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 Principal Sessions Judge (Special Judge for SC/ST) at Vellore, Vellore District, to consider the petitioner's bail application, https://hcservices.ecourts.gov.in/hcservices/

preferably on the same day of his surrender in connection with Crime No. 177 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.

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

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

1. The Principal Sessions Judge (Special Judge for SC/ST) Vellore District.

2. The Inspector of Police, Virinchipuram Police Station, Virinchipuram, Vellore District.

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

+1cc to Mr.K.G.Senthil Kumar, Advocate, S.R.No.81986 CRL.O.P.No.25038 of 2017 GN(21/11/2017) https://hcservices.ecourts.gov.in/hcservices/