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Madras High CourtCRL OP/28521/2017ordered

Appu @ Masilamani, v. The Inspector Of Police,

2017-12-20Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.28521 of 2017 1.Appu @ Masilamani 2.Sivanantham ..Petitioners Vs The Inspector of Police, Kariyapattinam Police Station, Kariyappatinam, Vedaranyam Taluk, Nagapattinam District.

(Crime No.198 of 2017) ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge under SC & AT (P.A) Act, Nagapattinam consider the bail application of the petitioners on his surrender in Crime No. 198 of 2017 on the file of the respondent police on the same day. For Petitioners : Mr. R.Murugabharathi For Respondent : Mr.C. Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned Sessions Judge under SC & AT (P.A) Act, Nagapattinam , to consider the petitioner's bail petition on

the same day of their surrender in connection with Crime No. 198 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 learned Sessions Judge under SC & AT (P.A) Act, Nagapattinam , to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No. 198 of 2017 and pass appropriate orders in accordance with law after affording due opportunity to the victims. The petitioners shall surrender before the concerned jurisdictional Court within 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. 20.12.2017 Index:yes/no Internet:yes/no aav Note: Issue Order copy on 21.12.2017

To

1. The Sessions Judge under SC & AT (P.A) Act, Nagapattinam

2. The Inspector of Police, Kariyapattinam Police Station, Kariyappatinam, Vedaranyam Taluk, Nagapattinam District.

3. The Public Prosecutor, High Court, Madras.

M.S. RAMESH,J.

aav CRL.O.P.No.28521 of 2017 20.12.2017