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Madras High CourtCRL OP/1395/2018ordered

Raja, Aged About 25 Years, v. The State Rep By Its,

2018-01-19Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.1395 of 2018 1.Raja 2.E.Ajith 3.Venkatesan 4.Raji @ Rajivgandhi ..Petitioners Vs State rep. by The Inspector of Police, Peranamallur Police Station, Thiruvannamalai District.

..Respondent (Crime No.134 of 2015) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District & Sessions Court, Thiruvannamalai (Special Judge for S.C. & S.T. Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.134 of 2015 on the file of the respondent police.

For Petitioners : Mr.V.R.Appaswamee 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 District & Sessions Court, Thiruvannamalai (Special Judge for S.C. & S.T. Act) to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.134 of 2015, 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 District & Sessions Court, Thiruvannamalai (Special Judge for https://hcservices.ecourts.gov.in/hcservices/

S.C. & S.T. Act) to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.134 of 2015 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 VI) //True Copy// Sub Assistant Registrar nl To 1.The District & Sessions Court,(Special Judge for S.C.&S.T. Act) Thiruvannamalai.

2.The Inspector of Police, Peranamallur Police Station, Thiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.R.Appaswamee, Advocate, S.R.No.4004 CRL.O.P.No.1395 of 2018 GMR(CO) RRK(22/01/2018) https://hcservices.ecourts.gov.in/hcservices/