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Madras High CourtCRL OP/28618/2019ordered

V.Arunkumar v. The State Rep. By

2019-10-24Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.28618 of 2019 1.V.Arunkumar 2.Dinesh 3.G.Ponnusamy 4.R.Vallarasu 5.K.Elumalai 6.S.Surya 7.Appu 8.Sabari@ Sabarirajan 9.Silambarasan 10.Manikandan

...Petitioners

Vs The State Rep by Inspector of Police, Melchengam Police Station, Tiruvannamalai District, Crime No.481 of 2019

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Learned Principal Sessions Judge, Tiruvannamalai / the Special Court Thiruvannamalai for PCR cases to consider the bail application of the petitioners on the same day of the surrender in Crime No.481 of 2019 on the file of Melchengam Police Station, Tiruvannamalai District. For Petitioner : Mr.S.Paneer Selvam 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.481 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.

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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 petitioner's bail application, preferably on the same day of his surrender in connection with Cr.No.481 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(CS IV) //True Copy// Sub Assistant Registrar pns/sni To

1. The Learned Principal Sessions Judge, Tiruvannamalai / the Special Court, Thiruvannamalai.

2. The Inspector of Police, Melchengam Police Station, Tiruvannamalai District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.Paneer Selvam , Advocate SR.No. 88943 Crl.O.P.No.28618 of 2019 ssd A.SK(02/12/2019) https://hcservices.ecourts.gov.in/hcservices/