Madras High CourtCRL OP/26128/2017ordered

K. Lakshmi, F/A 35 Years v. The State Rep. By

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.26128 of 2017 K.Lakshmi ..Petitioner Vs The State Rep by The Inspector of Police, Kullanchavadi Police station, Cuddalore District.

(Crime No.439 of 2017)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Session (Special Judge under SC/ST Act) Judge, Cuddalore District to consider the bail petition of the petitioner on the same day on her surrender in connection with the case in Crime No.439 of 2017, on the file of the respondent police. For Petitioner : Mr.S.Gopi 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 Session (Special Judge under SC/ST Act) Judge, Cuddalore District, to consider the petitioner's bail petition on the same day of her surrender in connection with Crime No.439 of 2014, 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 Session (Special Judge under SC/ST Act) Judge, https://hcservices.ecourts.gov.in/hcservices/

Cuddalore District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Cr.No. 439 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/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To 1.The Principal District and Session (Special Judge under SC/ST Act) Judge, Cuddalore District 2.The Inspector of Police, Kullanchavadi Police station, Cuddalore District.

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

+1cc to Mr.S.Gopi, Advocate in sr.no.85057 CRL.O.P.No.26128 of 2017 DK(CO) NR 30/11/2017 https://hcservices.ecourts.gov.in/hcservices/