Kannan @ Karuthapandi, v. The State Of Tamil Nadu Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.1296 of 2018 Kannan ..Petitioner Vs State rep by The State of Tamil Nadu rep.by The Sub Inspector of Police, Kinathukadavu Police Station, Kinathukadavu, Coimbatore District.

..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge (PCR Court), Coimbatore , to consider the petitioner's petition for bail in Crime No.322 of 2017 on the file of the respondent herein for the offences under sections 294(b). 324 & 307 of I.P.C r/w Sections 3(1)(r) & 3(2)(va) of The Schedule Casete and Schedule Tribes(Prevention of Atrocities) Amendment Act 2015.

For Petitioner : Mr. P. Mani For Respondent : Mrs.P.Kritika Kamal Government Advocate (Crl.Side)

O R D E R

This petition is filed for a direction to the learned Principal District and Sessions Judge, Coimbatore (Special Court for SC/AT POA cases) , to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.322 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, Coimbatore (Special Court https://hcservices.ecourts.gov.in/hcservices/

for SC/AT POA cases) , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 322 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.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar smn To 1.The Principal District and Sessions Judge (PCR Court), Coimbatore (Special Court for SC/AT POA cases) 2.The State of Tamil Nadu rep.by The Sub Inspector of Police, Kinathukadavu Police Station, Kinathukadavu,Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Mani, Advocate, S.R.No.3484 CRL.O.P.No.1296 of 2018 RRK(18/01/2018) https://hcservices.ecourts.gov.in/hcservices/