Madras High CourtCRL OP/26332/2017ordered

Siva Male/30yrs v. The State Rep By Inspector

2017-12-04Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.26332 of 2017 Siva ..Petitioner/Accused Vs State represented by Inspector of Police, Valavanur Police Station, Villupuram District

...Respondent/Complainant

(Crime No. 1010 of 2014) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for SC/ST Act, Villupuram to consider the petitioner's bail petition on the same day of their surrender before the Court in connection with Crime No. 1010 of 2014 on the file of the respondent Police. For Petitioner : Mr.K.Sudhakar For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Special Court for SC/ST Act, Villupuram, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.1010 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 Special Court for SC/ST Act /Principal District Judge, Villupuram, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Cr.No. 1010 of 2014 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.

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3. In view of the above, the Criminal Original Petition stands allowed.

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

1. The Principal District Judge, Special Court for SC/ST Act Villupuram.

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

3. The Public Prosecutor, High Court, Madras. +1cc to Mr.K.Sudhakar, Advocate in sr.no.85337 CRL.O.P.No.26332 of 2017 VGI(CO) NR 05/12/2017 https://hcservices.ecourts.gov.in/hcservices/