Balaraman v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.26249 of 2019 1.Balaraman 2.Mageswaran 3.Vijayan 4.Valarmathi 5.Kasiyammal 6.Krishnaveni

...Petitioners

Vs State Rep by The Sub Inspector of Police, Vanapuram Police Station, Tiruvannamalai District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for Trial of cases under SC/ST (POA) Act, Tiruvannamalai to consider the petitioners surrender and pass appropriate orders on their bail application filed by the petitioners on the same day in connection with Crime No.268 of 2019 on the file of the respondent police.

For Petitioners: Mr.V.Prakash Babu For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Special Court for Trial of cases under SC/ST (POA) Act, Thiruvannamalai District, to consider their bail application of the petitioners on the same day in Crime No.268 of 2019 on the file of the respondent, 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 https://hcservices.ecourts.gov.in/hcservices/

of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Special Court for Trial of cases under SC/ST (POA) Act, Thiruvannamalai District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Cr.No.268 of 2019 and pass appropriate orders in accordance with law, after affording due opportunity to the victims. 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.

Sd/- Assistant Registrar(Insp cell) //True Copy// Sub Assistant Registrar hvk/vkr To

1. Special Court for Trial cases under SC/ST (POA) Act, Thiruvannamalai District,

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

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.V.Prakash Babu, Advocate SR.83501 Crl.O.P.No.26249 of 2019 NRL(CO) CB(16/10/2019) https://hcservices.ecourts.gov.in/hcservices/