Kishore v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.24862 of 2019 Kishore

...Petitioner

Vs 1.The State rep by, The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

Cr.No.172 of 2019.

2.Senthil Kumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Learned Principal District and Sessions Judge (Special Court for SC/ST Act), Nagapattinam to consider the bail application to be filed by the petitioner after his surrender in Crime No.172 of 2019 on the file of first respondent, on the same day of filing.

For Petitioner : Mr.G.Mageshkumar For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor

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 accept the surrender of the petitioner herein concerned in Crime No.172 of 2019 on the file of the Inspector of Police, Vedaranyam Police Station, Nagapattinam District and consider his bail petition on the same day itself, since the offence is 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 petitioner's bail application, preferably on the same day of his surrender in connection with Cr.No.172 of 2019 and pass appropriate orders in https://hcservices.ecourts.gov.in/hcservices/

accordance with law, after affording due opportunity to the victim. The petitioner shall surrender before the concerned jurisdictional Court, within a period of fifteen days from the date of receipt of a copy of this order.

3. In view of the above, the Criminal Original Petition stands ordered.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar jas/hvk To 1.The Principal District and Sessions Judge, (Special Court for SC/ST Act), Nagapattinam.

2.The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

3. The Additional Public Prosecutor, High Court of Madras.

+1cc to Mr.G.Mageshkumar, Advocate sr.79557 Crl.O.P.No.24862 of 2019 nr 24/09/2019 https://hcservices.ecourts.gov.in/hcservices/