Madras High CourtCRL OP/25419/2017ordered

C.Palanisamy (50) v. State Rep. By

2017-11-23Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.25419 of 2017 C.Palanisamy

...Petitioner

Vs State by Inspector of the Police, *Vellode Police Station, Erode District.

(Crime No.238 of 2017)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge, Erode to consider his bail application on the same day on surrender of this petitioner in Crime No.238/2017 on the file of the respondent police.

For Petitioners : Mr.C.S.Saravanan For Respondent : Mr.C. Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Principal District and Sessions Judge, (Special Judge for SC/ST) at Erode, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.238 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 District and Sessions Judge, (Special Judge for SC/ST) at Erode, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.238 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.

https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar(CO) *Corrected as per order of this court dated 07/12/17 made in Crl.Op.No.25419/2017 Sd/- Assistant Registrar(CS IX) Dated: 12/12/2017 //True Copy// Sub Assistant Registrar dh/dpq To

1. The Principal Sessions and District Judge, Erode.

To be Substituted

2. The Inspector of the Police, to the order already Vellode Police Station, despatched on Erode District.

27/11/2017

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

+1 cc to Mr.C.S.Saravanan Advocate sr *87190 CRL.O.P.No.25419 of 2017 aa23/11/2017 NR 12/12/2017 https://hcservices.ecourts.gov.in/hcservices/