Bharathi v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.28536 of 2019 1.Bharathi 2.Chinnathai 3.Ramachandiran

...Petitioners

Vs The State Rep by Deputy Superintendent of Police, Kilpennathur Police Station, Thiruvannamalai District, Crime No.266 of 2015

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for SC/ST cases, Thiruvannamalai District, to consider the bail application of the petitioners on the same day of their surrender before the Sessions Judge, Special Court for SC/ST (POA) Act, Tiruvannamalai in connection with Spl.S.C.No.46 of 2019 on the file of the Sessions Judge, Special Court for SC/ST (POA) Act, Thiruvannamalai in Crime No.266 of 2015 on the file of the respondent.

For Petitioner : Mr.K.Magalignam 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 SC/ST cases, Thiruvannamalai District, to consider the bail application of the petitioner on the same day in Crime No.266 of 2015 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 of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Special Court for SC/ST cases, Thiruvannamalai District, to consider the https://hcservices.ecourts.gov.in/hcservices/

petitioner's bail application, preferably on the same day of his surrender in connection with Cr.No.266 of 2015 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/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar pns/sni To

1. Special Court for SC/ST cases, Thiruvannamalai District, 2.The State, The Deputy Superintendent of Police, Kilpennathur Police Station, Thiruvannamalai District,

3. The Public Prosecutor, High Court of Madras.

+1 cc to Mr.Magalingam Advocate sr89077 Crl.O.P.No.28536 of 2019 rsk(co) aa01/11/2019 https://hcservices.ecourts.gov.in/hcservices/