Madras High CourtCRL OP/2284/2018ordered

R.Arivazhagan, M/28 Yrs (A2) v. State Represented By

2018-01-29Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.2284 of 2018

1. R.Arivazhagan 2.Senthil Kumar @ P.Senthil 3.M.Kirubapuri 4.K.Somasundaram @ Somu 5.S.Manikandan @ Mani 6.Murugan 7.Vijaya ..Petitioners Vs The State, Rep. by The Inspector of Police, Valavanur Police Station, Villupuram.

..Respondent (Crime No.68 of 2018) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for SC/ST (POA) Act, 1989, Villupuram to consider the petitioners bail petition on the same day of their surrender before the Court in connection with Crime No. 68 of 2018 on the file of the respondent Police. For Petitioners : Mr.R.Sreedhar For Respondent : Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This petition is filed for a direction to the Special Court for SC/ST (POA) Act, 1989, Villupuram to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.68 of 2018, 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 Special Court for SC/ST (POA) Act, 1989, Villupuram, to consider the https://hcservices.ecourts.gov.in/hcservices/

petitioners' bail application, preferably on the same day of their surrender in connection with Cr.No. 68 of 2018 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/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ak To

1. The Special Judge, Special Court for SC/ST (POA) Act, 1989, Villupuram

2. The Inspector of Police, Valavanur Police Station, Villupuram.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Sreedhar, Advocate, S.R.No.6362 CRL.O.P.No.2284 of 2018 SKV(CO) RRK(30/01/2018) https://hcservices.ecourts.gov.in/hcservices/