Madras High CourtCRL OP/25452/2019ordered

Subashchandra Bose v. The State Represented By

2019-09-23Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.25452 of 2019 1.Subashchandra Bose 2.Murali @ Muralidaran

...Petitioners

Vs State Rep by The Inspector of Police, Thiruppapuliyur Police Station, Cuddalore District.

...Respondent

[Ref.Crime No.519 of 2018 dated 30.10.2018] PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the * Principal and sessions Court for SC/ST Cases, Cuddalore District to consider the bail petition on the same day in connection with Crime No.519 of 2018 for the offences under Sections 147, 148, 341, 294(b), 323, 324, 506(ii) IPC and Section 3(1) (r)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act. For Petitioners: Mr.C.Arunkumar For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned * Principal and sessions Court for SC/ST Cases, Cuddalore District, to consider the bail application of the petitioner on the same day in Crime No.519 of 2018 on the file of the respondent, since the offences under Sections 147, 148, 341, 294 (b), 323, 324, 506(ii) IPC and Section 3(1) (r)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act.

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 learend * Principal and sessions Court for SC/ST Cases, Cuddalore District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with

Cr.No.519 of 2018 and pass appropriate orders in accordance with law, after affording due opportunity to the victim. The petitioner shall surrender before the concerned *Administration Court, within a 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 ordered.

Sd/- Asst.Registrar (CS VI) dated 04.10.2019 /true copy/ *corrected as per order of this Court dated 14.11.2019 and made in CRL MP.NO.16644/2019 and Crl.OP.No.25452/19 -s/dAssistant Registrar(CS III) //True Copy// Sub Assistant Registrar sbn/klt To

1. The Judicial Magistrate No-III, Cuddalore District.

to be substituted For the order already 2.The Inspector of Police, on 18.10.2019 Thiruppapuliyur Police Station, Cuddalore District.

3. The Public Prosecutor, High Court of Madras.

4.The Principal and sessions Court for SC/ST Cases, Cuddalore District +1 cc to M/s.V.Karnan Advocate sr 94712 Crl.O.P.No.25452 of 2019 gjII(co) aa04/10/2019 A.SK(26/11/2019) A.SK(28/11/2019)