Madras High CourtCRL OP/2354/2018ordered

Parthiban, Aged 22 Years, v. State 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.2354 of 2018 1.Parthiban 2.Jegan 3.Meganathan ..Petitioners Vs The State, Rep. by The Inspector of Police, Vaniyambadi Taluk Police Station, Vellore District.

..Respondent (Crime No.26 of 2018) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Judge (Special Court under SC/ST Act), Vellore to consider the petitioners bail petition on the same day of their surrender before the Court in connection with Crime No. 26 of 2018 on the file of the respondent Police.

For Petitioners : Mr.K. Balu For Respondent : Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This petition is filed for a direction to the District and Sessions Judge (Special Court under SC/ST Act), Vellore to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.26 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 District and Sessions Judge (Special Court under SC/ST Act), Vellore, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Cr.No. 26 of 2018 https://hcservices.ecourts.gov.in/hcservices/

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 II) //True Copy// Sub Assistant Registrar ak To

1. The District and Sessions Judge (Special Court under SC/ST Act), Vellore

2. The Inspector of Police, Vaniyambadi Taluk Police Station, Vellore District

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.2354 of 2018 KAN(CO) RRK(30/01/2018) https://hcservices.ecourts.gov.in/hcservices/