Kalidoss, M/A 26 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.1388 of 2018 1.Kalidoss 2.Sathishkumar ..Petitioners Vs The State Rep. by its The Inspector of Police, Pudupattinam Police Station, Nagapattinam District.

...Respondent

(Crime No.2 of 2018) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge (Special Court for SC/ST Act), Nagapattinam to consider the bail application to be filed by the petitioners in Crime No.2 of 2018 on the file of the Inspector of Police, Pudupattinam Police Station, Nagapattinam District on the same day.

For Petitioners : Mr.K.M.Vijayan, Senior Counsel for K.M.Vijayan Associates For Respondent : Mr.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 (Special Court for SC/ST Act), Nagapattinam to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.2 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 of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal District and Sessions Judge (Special Court for SC/ST Act), Nagapattinam to consider the petitioners' bail application, preferably on the same day of their surrender in https://hcservices.ecourts.gov.in/hcservices/

connection with Crime No.2 of 2018 and pass appropriate orders in accordance with law after affording due opportunity to the victim. 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 nl To 1.The Principal District and Sessions Judge (Special Court for SC/ST Act), Nagapattinam 2.The Inspector of Police, Pudupattinam Police Station, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.M.Vijayan, Advocate, S.R.No.4054 CRL.O.P.No.1388 of 2018 CRMR(CO) RRK(22/01/2018) https://hcservices.ecourts.gov.in/hcservices/