Madras High CourtCRL OP/30401/2019ordered

Pushpa v. State Rep. By

2019-11-13Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.30401 of 2019 Pushpa

...Petitioner/Accused 2

Vs State Rep by The Inspector of Police, Ammapet Police Station, Salem City, Crime No.440 of 2019.

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem to consider the bail application on the same day on surrender of the petitioner in Crime No.440 of 2019 on the file of the respondent Police. For Petitioner : Mr.R.Nalliyappan For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem, to consider the bail application of the petitioner on the same day in Crime No.440 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 learned Principal Sessions Judge and https://hcservices.ecourts.gov.in/hcservices/

Special Judge for Prevention of SC & ST Atrocities Act, Salem, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Cr.No.440 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) //True Copy// Sub Assistant Registrar hvk/sbn To

1. The Principal Sessions Judge & Special Judge for Prevention of SC & ST Atrocities Act, Salem.

2.The Inspector of Police, Ammapet Police Station, Salem City.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Nalliyappan , Advocate SR.No. 94010 Crl.O.P.No.30401 of 2019 A.SK(14/11/2019) https://hcservices.ecourts.gov.in/hcservices/