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Madras High CourtCRL OP/29709/2019ordered

E.Sundarraman@ Subbash v. The Deputy Superintendent Of Police,

2019-11-06Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.29709 of 2019 1.E.Sundarraman @ Subbash 2.N.Elumalai 3.A.Desappan @ Jegan 4.A.Vetrivel @ Vetri 5.K.Sathyaraj @ Muthu 6.G.Anand 7.D.Saravanan 8.C.Anbarasan @ Balu 9.V.Vijayaprabhakaran @ Naveen 10.R.Sarathkumar

...Petitioners

Vs

1. The State rep by, Deputy superintendent of Police, Kottakuppam, Villupuram District.

2. The Inspector of Police, Kottakuppam Police Station, Villupuram District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District cum Sessions Judge (Special Judge of SC/ST cases) Villupuram District to accept the surrender of the petitioners and consider their bail applicant on the same day on merits in Crime No.412/2019 dated 28.10.2019 on the file of the Kottakuppam Police Station, Villupuram District.

For Petitioners : Mr.A.Malath Devapriyam For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned District cum Sessions Judge (Special Judge of SC/ST cases) Villupuram District, to accept the surrender of the petitioners https://hcservices.ecourts.gov.in/hcservices/

herein concerned in Crime No.412 of 2019 on the file of the Inspector of Police, Kottakuppam Police Station, Villupuram District and consider their 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 innocent persons, there shall be a direction to the learned District cum Sessions Judge (Special Judge of SC/ST cases) Villupuram District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.412 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 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-II) //True Copy// jas/hvk Sub Assistant Registrar To

1. The District cum Sessions Judge (Special Judge of SC/ST cases) Villupuram District.

2. The Deputy superintendent of Police, Kottakuppam, Villupuram District.

3. The Inspector of Police, Kottakuppam Police Station, Villupuram District.

4. The Public Prosecutor, High Court of Madras.

+1 cc to M/s.A.Malath Devapriyam, Advocate, S.R.No.91885 Crl.O.P.No.29709 of 2019 CP(CO) SSM(07/11/2019) https://hcservices.ecourts.gov.in/hcservices/