Vijayakumar, 33 Yrs, v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.28860 of 2017 Vijayakumar ..Petitioner Vs The State Rep. by The Inspector of Police, Mailam Police Station, Tindivanam, Villupuram District.

(Crime No. 895 of 2017) ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court constituted under S.C and S.T (Prevention of Atrocities) Act, Principal Sessions Judge, Villupuram to consider their bail application on their surrender on the same day in respect of the Crime No. 895 of 2017 on the file of the Inspector of Police, Mailam Police Station, Villupuram District.

For Petitioner : Mr.S.Anburaja For Respondent : Mr.C. Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned Principal Sessions Judge, Villupuram, Special Court constituted under S.C and S.T (Prevention of Atrocities) Act to consider the petitioner's bail petition on the same day of his

surrender in connection with Crime No. 895 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 Sessions Judge, Villupuram, Special Court constituted under S.C and S.T (Prevention of Atrocities) Act, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No. 895 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. 21.12.2017 Index:yes/no Internet:yes/no aav Note: Issue Order copy on 22.12.2017

To

1. The Principal Sessions Judge, Villupuram, Special Court constituted under S.C and S.T (Prevention of Atrocities) Act

2. The Inspector of Police, Mailam Police Station, Tindivanam, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

M.S. RAMESH,J.

aav CRL.O.P.No.28860 of 2017 21.12.2017