Madras High CourtCRL OP/25354/2017ordered

Desingu, Aged About 40 Years v. State Rep.By

2017-11-22Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.25354 of 2017 1.Desingu 2.Loghu 3.Kannan

4. Arun

5. Prakash

6. Elumalai

7. Sokkalingam

8. Mahendiran

9. Shanthi ..Petitioners Vs The Inspector of Police, Valathy Police Station, Villupuram District.

(Crime No. 434 of 2017) ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Court, Villupuram (Special Judge for S.C and S.T Act) to consider their surrender and pass appropriate orders on the bail

application filed by the petitioners on the same day in connection with Crime No. 434 of 2017 on the file of the respondent police. For Petitioners : Mr. V.R.Appaswamee For Respondent : Mr.C. Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the District and Sessions Judge, Villupuram (Special Judge for S.C and S.T Act), to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.434 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 District and Sessions Judge, Villupuram (Special Judge for S.C and S.T Act) to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 434 of 2017 and pass appropriate orders in accordance with law after affording due opportunity to the victims. The petitioners 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. 22.11.2017 Index:yes/no Internet:yes/no aav Note: Issue Order copy on 23.11.2017 To

1. The District and Sessions Judge, (Special Judge for S.C and S.T Act) Villupuram

2. The Inspector of Police, Valathy Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

M.S. RAMESH.J.,

aav CRL.O.P.No.25354 of 2017 22.11.2017