J.Kalaimani v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.29323 of 2019 J.Kalaimani

...Petitioner/Accused

Vs 1.The State of Tamil Nadu, through the Assistant Commissioner/ Deputy Superintendent of Police, Jedarpalayam Police Station, Namakkal District.

2.The State of Tamil Nadu, through the Inspector of Police, Jedaarpalayam Police Station, Namakkal District.

(Crime No.185 of 2019)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court/Principal Sessions Court, Namakkal to consider the bail application of the petitioner on the same day of surrender in Crime No.185 of 2019 on the file of Jadarpalayam Police Station, Namakkal. For Petitioner : Mr.Deepanuday 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 Special Court/Principal Sessions Court, Namakkal, to accept the surrender of the petitioner herein concerned in Crime No.185 of 2019 on the file of the Inspector of Police, Jadarpalayam Police Station, Namakkal 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) Act, 1989 and also taking into consideration of the possibility of misusing the pious intention of the Parliament against 1/2 https://hcservices.ecourts.gov.in/hcservices/

innocent persons, there shall be a direction to the learned Special Court/Principal Sessions Court, Namakkal, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.185 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 IX) //True Copy// Sub Assistant Registrar To 1.The Special Court/Principal Sessions Court, Namakkal.

2.The Assistant Commissioner/ Deputy Superintendent of Police, Jedarpalayam Police Station, Namakkal District.

3.The Inspector of Police, Jedaarpalayam Police Station, Namakkal District.

(Crime No.185 of 2019) 4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.Deepanuday, Advocate sr.90984 Crl.O.P.No.29323 of 2019 nr 05/11/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/