Madras High CourtCRL OP/25647/2017ordered

Vijay @ Vijay Prakash, 20 Yrs, v. State Rep. By,

2017-11-24Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.25647 of 2017 Vijay @Vijay Prakash ..Petitioner/Accused-5 Vs State by its Inspector of Police, Naduveerapattu Police Station, Cuddalore District.

...Respondent/Complainant

(Crime No.279 of 2017) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal Sessions Judge (Special Court) Cuddalore to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner surrender in connection with the Crime No. 279 of 2017 pending investigation on the file of the Respondent police. For Petitioner : Mr. K.Gandhikumar 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 Judge(Special Court) Cuddalore , to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No. 279 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 Court) Cuddalore , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with rime No. 279 of 2017 and pass appropriate orders in accordance with law after affording due opportunity to the victim. The petitioner shall surrender before https://hcservices.ecourts.gov.in/hcservices/

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

1. The Principal Sessions Judge(Special Court) Cuddalore

2. The Inspector of Police, Naduveerapattu Police Station, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr. K.Gandhikumar, Advocate in sr.no.83863 CRL.O.P.No.25647 of 2017 GJII(CO) NR 27/11/2017 https://hcservices.ecourts.gov.in/hcservices/