Madras High CourtCRL OP/29745/2017disposed of

Saroja, Female, Aged About 57 v. State Rep By Its

2017-12-28Honourable Mr Justice R. Pongiappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.12.2017

CORAM

THE HONOURABLE MR. JUSTICE R. PONGIAPPAN CRL.O.P.No.29745 of 2017 Saroja ..Petitioner Vs State rep. by its, The Inspector of Police, Mecheri Police Station, Salem District, Crime No.426 of 2017.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District Judge, Salem cum Special Judge under SC & ST (P.A) Act, Salem to consider the bail application of the petitioner on her surrender in connection with the case in Crime No.426 of 2017 pending on the file of the Inspector of Police, Mecheri Police Station. For Petitioners : Mr.K.Sathyaraj For Respondent : Mr.R.Sekar Government Advocate

O R D E R

This petition is filed for a direction to the Principal District Judge, Salem cum Special Judge under SC & ST (P.A) Act, Salem, to consider the petitioner's bail petition on the same day of her surrender in connection with Crime No.426 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 Principal District Judge, Salem cum Special Judge under SC & ST (P.A) Act, Salem, to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No.426 of 2017 and pass appropriate orders in accordance with law. The petitioner shall surrender before the concerned jurisdictional Court within a period of one week from the date of the receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed. 28.12.2017 Index:yes/no Internet:yes/no ms To

1. The Principal District Judge, Salem cum Special Judge under SC & ST (P.A) Act, Salem.

2. The Public Prosecutor, High Court, Madras.

3. The Inspector of Police, Mecheri Police Station, Salem District

R. PONGIAPPAN.J., ms CRL.O.P.No.29745 of 2017 28.12.2017