Madras High CourtCRL OP/25972/2017ordered

Arul @ Avichi, M/A 48 Years, v. The State Rep By Its,

2017-11-29Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.25972 of 2017 1.Arul & Avicihi 2.Saravanan 3.Raja 4.Viay @ Vijay Kumar 5.Mani @ Mayilsamy ..Petitioners Vs State represented by Inspector of Police, Malliyakarai Police Station, Salem District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Judge, Salem, Salem District to consider the petitioners' bail application on their surrender in Crime No.191 of 2017 pending on the file of the Inspector of Police, Malliakarai Police Station, Salem District.

For Petitioners: Mr.E.Kannadasan For Respondent : Mr.C.Iyyapparaj, Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Principal Sessions Judge, Salem, Salem District to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.191 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, Salem, Salem District 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.191 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 a 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/- Assistant Registrar //True copy// Sub Assistant Registrar rkp/dpq To

1. The Principal Sessions Judge, Salem District.

2. The Inspector of Police, Malliyakarai Police Station, Salem District.

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

+1cc to Mr.E.Kannadasan, Advocate SR.No.86664(07/12/2017) CRL.O.P.No.25972 of 2017 GN(30/11/2017) https://hcservices.ecourts.gov.in/hcservices/