Madras High CourtCRL OP/30117/2019ordered

C.Duraisamy v. State By

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.30117 of 2019 '

C.Duraisamy

...Petitioner

Vs State by Inspector of Police, Mallasamudram Police Station, Namakkal District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for SC/ST cases (POA) Act, Namakkal to take up the bail petition to be filed by the petitioner in Crime No.339 of 2019 on the file of the respondent.

For Petitioner : Mr.S.Kalyanaraman For Respondent : 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 for SC/ST cases (POA) Act, Namakkal, to accept the surrender of the petitioner herein concerned in Crime No.339 of 2019 on the file of the Inspector of Police, Inspector of Police, Mallasamudram Police Station, Namakkal District and consider her 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 Special Court for SC/ST cases (POA) Act, Namakkal, to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No.339 of 2019 and pass appropriate orders in accordance with law, after affording due opportunity to the victim. The petitioner shall surrender before 1/2 https://hcservices.ecourts.gov.in/hcservices/

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 (CS IV ) /true copy/ Sub Asst. Registrar jas/hvk To 1.The Special Court for SC/ST cases (POA) Act, Namakkal.

2.The Inspector of Police, Mallasamudram Police Station, Namakkal District.

3.The Public Prosecutor, High Court of Madras.

+1 cc to M/s.S.Kalyanaraman Advocat sr93411 Crl.O.P.No.30117 of 2019 aa26/12/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/