A.Shiva v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.24939 of 2019 A.Shiva

...Petitioner

Vs The State represented, by Inspector of Police, Kanai Police Station, Villupuram District.

(Crime No.340 of 2019)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Hon'ble Additional Sessions Judge, (PCR) Special Judge for Prevention of SC/ST Atrocities Act, Villupuram, and to consider the bail application of the petitioner on the same day itself on such terms and conditions concerned in Crime No.340 of 2019, on the file of Inspector of Police, Kanai Police Station, Villupuram District. For Petitioner : Mr.S.Viswagandhi For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Additional Sessions Judge, (PCR) Special Judge for Prevention of SC/ST Atrocities Act, Villupuram to accept the surrender of the petitioners herein concerned in Crime No.340 of 2019 on the file of Inspector of Police, Kanai Police Station, Villupuram 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 Additional Sessions Judge, (PCR) Special Judge for Prevention of SC/ST https://hcservices.ecourts.gov.in/hcservices/

Atrocities Act, Villupuram, to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No.340 of 2019 and pass appropriate orders in accordance with law, after affording due opportunity to the victim. The petitioners 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.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar jas/hvk To 1.The Additional Sessions Judge, (PCR) Special Judge for Prevention of SC/ST Atrocities Act, Villupuram.

2.The Inspector of Police, Kanai Police Station, Villupuram District.

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

+1 C Cto Mr.S.Viswagandhi, Advocate sr 79564 Crl.O.P.No.24939 of 2019 VSNII(CO) SP(23/10/2019) https://hcservices.ecourts.gov.in/hcservices/