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Madras High CourtCRL OP/28587/2017ordered

P.Utharaj @ Uthaasu Gounder v. The State Rep By Its,

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.28587 of 2017 P.Utharaj @ Utharasu ..Petitioner Vs The State Rep. by The Inspector of Police, Arachalur Police Station, Erode District.

(Crime No. 297 of 2017) ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge, Erode to consider his bail application on the same day and on surrender of this petition in Crime No. 297 of 2017 on the file of the respondent police. For Petitioners : Mr. C.S.Saravanan For Respondent : Mr.C. Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned Principal District and Sessions Judge, Erode, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No. 297 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 Principal District and Sessions Judge, Erode, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No. 297 of 2017 and pass appropriate orders in accordance with law after affording due opportunity to the victims. The petitioner 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 Principal District and Sessions Judge, Erode

2. The Inspector of Police, Arachalur Police Station, Erode District

3. The Public Prosecutor, High Court, Madras.

M.S. RAMESH,J.

aav CRL.O.P.No.28587 of 2017 20.12.2017