Madras High CourtCRL OP/1358/2018ordered

Thanigaimalai, M/A.36 Years v. The State Rep By

2018-01-17Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.1358 of 2018

1. Thanigaimalai

2. Ravi

3. Selvaraj

4. Elumalai ..Petitioners Vs State rep by

1. The Sub Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District.

2. The Deputy Superintendent of Police, Arni Range, Arni Tiruvannamalai District.

..Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal Sessions Judge, Tiruvannamalai District to accept the surrender of the petitioner/accused No.1-4 herein in Crime No.07 of 2018 on the file of the Sub Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District and consider the bail application of the petitioners/Accused No.1 to 4.

For Petitioner : Mr. G.Saravanan 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 Sessions Judge, Thiruvannamalai (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.07 of 2018, 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 https://hcservices.ecourts.gov.in/hcservices/

of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal Sessions Judge, Thiruvannamalai (Special Court 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. 07 of 2018 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 Sessions Judge, Thiruvannamalai (Special Court for SC/AT POA cases) 2.The Deputy Superintendent of Police, Arni Range, Arni Tiruvannamalai District..

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Saravanan, Advocate, S.R.No.3570 CRL.O.P.No.1358 of 2018 RRK(18/01/2018) https://hcservices.ecourts.gov.in/hcservices/