Madras High CourtCRL OP/25158/2017ordered

Prabhu, M/A 30 Years, v. The State Rep By Its,

2017-11-21Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.25158 of 2017 Prabhu ..Petitioner Vs State represented by The Inspector of Police, Karipatty Police Station, Salem District.

(Crime No.372 of 2017)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principle Sessions and District Judge, Salem, Salem District to consider the petitioner bail application in Crime No.372 of 2017 pending on the file of the respondent police on the same day on his surrender. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.C.Iyyapparaj, Additional Public Prosecutor *****

O R D E R

This petition is filed for a direction to the learned Principal Sessions and District Judge, Salem, Salem District to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.372 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 learned Principal Sessions and District Judge, Salem, Salem District to consider the petitioner's bail application, preferably on the https://hcservices.ecourts.gov.in/hcservices/

same day of his surrender in connection with Cr.No.372 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 a 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(CCC) //True Copy// Sub Assistant Registrar rkp/ak To 1.The Principal Sessions and District Judge, Salem, Salem District.

2.The Inspector of Police, Karipatty Police Station, Salem District.

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

+1cc to Mr.CAMYLES GANDHI Advocate, S.R.No. 82538 CRL.O.P.No.25158 of 2017 SK(CO) TR(22/11/2017) https://hcservices.ecourts.gov.in/hcservices/