P.Elumalai v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.25725 of 2019

1. P.Elumalai

2. Gowri

...Petitioners

Vs State represented by Inspector of Police, All Women Police Station, Thirukoilur.

(Crime No.44 of 2019)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Sessions Judge, Special Sessions Court (SC/ST) cases, Villupuram to consider their surrender and bail application of the petitioners on the same day in Crime No.44 of 2019 on the file of the respondent. For Petitioners: Mr.G.Arul Murugan For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Learned Special Sessions Judge, Special Sessions Court (SC/ST) cases, Villupuram to accept the surrender of the petitioners herein concerned in Crime No. 44 of 2019 on the file of Inspector of Police, All Women Police Station, Thirukoilur 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 https://hcservices.ecourts.gov.in/hcservices/

innocent persons, there shall be a direction to the Learned Special Sessions Judge, Special Sessions Court (SC/ST) cases, Villupuram, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Cr.No.44 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(CO) True Copy Sub-Assistant Registrar jas/msv To 1.The Special Sessions Judge, Special Sessions Court (SC/ST) cases, Villupuram 2.The Inspector of Police, All Women Police Station, Thirukoilur.

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

+1 CC to Mr.G.Arul Murugan, Advocate sr 82520. Crl.O.P.No.25725 of 2019 RR(CO) SP(24/10/2019) https://hcservices.ecourts.gov.in/hcservices/