Madras High CourtCRL OP/2243/2018ordered

P.Dilip v. The State Rep By

2018-01-25Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.2243 of 2018 P.Dilip Q..Petitioner Vs The State rep. by The Deputy Superintendent of Police, Cheyyar Sub-Division, Tiruvannamalai District.

(PRC No.42 of 2017 in Crime No. 17 of 2015) ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Court, Special Court Constituted under SC & ST (Prevention of Atrocities) Act, Tiruvannamalai to consider the petitioner's bail petition on the same day of his surrender before the Court in connection with PRC No.42 of 2017 in Crime No. 178 of 2015 on the file of the respondent Police.

For Petitioner : Mr.S.Pushpakaran For Respondent : Mrs.Kritika Kamal.P Government Advocate (Crl.Side) *****

O R D E R

This petition is filed for a direction to the Principal Sessions Judge/Special Court constituted under SC & ST (Prevention of Atrocities) Act, Tiruvannamalai to consider the petitioner's bail petition on the same day of their surrender in connection with PRC No.42 of 2017 in Crime No. 178 of 2015, 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 Court constituted under SC & ST (Prevention of Atrocities) Act, Tiruvannamalai to consider the https://hcservices.ecourts.gov.in/hcservices/

petitioner's bail application, preferably on the same day of his surrender in connection with PRC No.42 of 2017 in Crime No. 178 of 2015 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.

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

Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar To

1. The Principal District Sessions Judge, Tiruvannamalai.

2. The Deputy Superintendent of Police, Cheyyar Sub-Division, Tiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.2243 of 2018 nr 29/01/2018 https://hcservices.ecourts.gov.in/hcservices/