Elumalai v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.26575 of 2019 Elumalai

...Petitioner/Accused

Vs 1.The Deputy Superintendent of Police, Villupuram Division, Villupuram District.

2.State represented by, Inspector of Police, All Women Police Station, Villupuram District.

(Crime No.18 of 2019)

...Respondents/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Villupuram, Villupuram District to accept the surrender of the petitioners herein concerned in Crime No.18 of 2019 on the file of Inspector of Police, All Women Police Station, Villupuram District and consider the bail petition on the same day itself. For Petitioner : Mr.K.Balu For Respondents: Mrs.V.Saratha Devi Government Advocate (Crl.Side)

O R D E R

This petition is filed for a direction to the learned District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Villupuram, Villupuram District, to accept the surrender of the petitioner herein concerned in Crime No.18 of 2019 on the file of the Inspector of Police, All Women 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 https://hcservices.ecourts.gov.in/hcservices/

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 District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Villupuram, Villupuram District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.18 of 2019 and pass appropriate orders in 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 (CJ Conf) //True Copy// Sub Assistant Registrar jas/hvk To 1.The District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Villupuram, Villupuram District.

2.The Deputy Superintendent of Police, Villupuram Division, Villupuram District.

3.The Inspector of Police, All Women Police Station, Villupuram District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Balu, Advocate, S.R.No. 84738 Crl.O.P.No.26575 of 2019 SJ(CO) GN(01/11/2019) https://hcservices.ecourts.gov.in/hcservices/