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Madras High CourtCRL OP/30787/2019ordered

M.Vairava Moorthy v. State Rep.By

2019-11-18Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.30787 of 2019 '

1.M.Vairava Moorthy 2.M.Senthilkumar

...Petitioners

Vs 1.State rep by, The Deputy Superintendent of Police, Vedaranyam, Nagapattinam District.

2.Sub Inspector of Police, Voimedu Police Station, Nagapattinam District.

(Crime No.176 of 2019)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District & Sessions Judge, Nagapattinam District, Nagapattinam to consider the bail application on the same day on such terms and conditions concerned in Cr.No.176 of 2019 on the file of the Sub Inspector of Police, Voimedu Police Station, Nagapattinam District. For Petitioners : Mr.M.Palanivel For Respondents : Mr.c.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned Principal District & Sessions Judge, Nagapattinam District, Nagapattinam, to accept the surrender of the petitioner herein concerned in Crime No.176 of 2019 on the file of the Sub Inspector of Police, Voimedu Police Station, Nagapattinam 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 1/2 https://hcservices.ecourts.gov.in/hcservices/

of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal District & Sessions Judge, Nagapattinam District, Nagapattinam, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.176 of 2019 and pass appropriate orders in accordance with law, after affording due opportunity to the victims. 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.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar jas/hvk To 1.The Principal District & Sessions Judge, Nagapattinam District, Nagapattinam.

2.The Deputy Superintendent of Police, Vedaranyam, Nagapattinam District.

3.The Sub Inspector of Police, Voimedu Police Station, Nagapattinam District.

4.The Public Prosecutor, High Court of Madras.

+1 cc to M/s.M.Palanivel advocate sr95403 Crl.O.P.No.30787 of 2019 aa27/11/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/