Pandiyan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.26482 of 2019 Pandiyan

...Petitioner

Vs State by, Station House Officer, Moongilthuraipattu Police Station, Villupuram District.

Crime No.143 of 2019

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Sessions Judge, Special Court for Exclusive Trial of cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Villupuram to consider and pass orders on the bail application on the same day in the event of the Petitioner surrendering before the Court and filing bail application in connection with Crime No.143 of 2019 on the file of the Respondent Police. For Petitioner : Mr.A.Gokulakrishnan For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Sessions Judge, Special Court for Exclusive Trial of cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Villupuram to accept the surrender of the petitioner herein concerned in Crime No.143 of 2019 on the file of Station House Officer, Moongilthuraipattu 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) https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, Special Court for Exclusive Trial of cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Villupuram, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.143 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(J) //True Copy// Sub Assistant Registrar jas/hvk To 1.The Sessions Judge, Special Court for Exclusive Trial of cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Villupuram.

2.The Station House Officer, Moongilthuraipattu Police Station, Villupuram District.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.A.Gokulakrishnan, Advocate SR.84638 Crl.O.P.No.26482 of 2019 LN(CO) CB(30/10/2019) https://hcservices.ecourts.gov.in/hcservices/