Madras High CourtCRL OP/28600/2019ordered

Chokkalingam v. 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.28600 of 2019

1. Chokkalingam

2. Maheswari

...Petitioners/Accused 1,5

Vs.

State Rep by The Inspector of Police, Sankari Police Station, Salem District.

(Crime No.282 of 2019)

...Respondent/Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Judge, Salem (The Special Judge for SC/ST Act cases) Salem to consider petitioners bail petition, on the same day, in Crime No.282 of 2019 on the file of Sankari Police Station, Salem District, on their surrender, on the same day, on his surrender. For Petitioners: Mr.Vasudevan For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Principal Sessions Judge, Salem (The Special Judge for SC/ST Act cases) Salem, to consider the bail application of the petitioner on the same day in Crime No.282 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 of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Principal Sessions Judge, Salem (The Special Judge for SC/ST Act cases) Salem, to consider the petitioners' https://hcservices.ecourts.gov.in/hcservices/

bail application, preferably on the same day of his surrender in connection with Crime No.282 of 2019 and pass appropriate orders in accordance with law, after affording due opportunity to the victim. The petitioners' shall surrender before the concerned jurisdictional Court, within a period of fifteen

(15) 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-III) //True Copy// Sub Assistant Registrar sni To 1.Principal Sessions Judge, Salem (The Special Judge for SC/ST Act cases) Salem 2.State Rep by The Inspector of Police, Sankari Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.Vasudevan, Advocate SR.89067 Crl.O.P.No.28600 of 2019 RSI(CO) CB(30/12/2019) https://hcservices.ecourts.gov.in/hcservices/