Seemaraja v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.(M.D) No.8402 OF 2018

1. Seemaraja

2. Gandhimathi ..Petitioners Vs

1. The Deputy Superintendent of Police Melur, Madurai District.

2. The state rep. by The Inspector of Police, Keelavalavu Police Station, Madurai District (Cr.No.435 of 2016)

3. C.Muthulakshmi .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act, III Additional District and Sessions Judge (PCR Judge) Madurai to consider the bail application of the petitioners on the same day of their surrender in Crime No.435 of 2016 on the file of the respondent police.

For Petitioners : Mr.R.Velmurugan For Respondents : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the learned Special Judge for SC/ST (Prevention of Atrocities) Act, III Additional District and Sessions Judge (PCR Judge) Madurai , to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.435 of 2016, 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 Special Judge for https://hcservices.ecourts.gov.in/hcservices/

SC/ST (Prevention of Atrocities) Act, III Additional District and Sessions Judge (PCR Judge) Madurai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.435 of 2016 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 allowed.

Sd/- Vacation Officer /True copy/ Sub Assistant Registrar To

1. The Special Judge for SC/ST (Prevention of Atrocities) Act, III Additional District and Sessions Judge (PCR Judge) Madurai

2. The Deputy Superintendent of Police Melur, Madurai District.

3. The Inspector of Police, Keelavalavu Police Station, Madurai District .

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.S.Sukumar, Advocate, SR.No.65802. CRL.O.P.(M.D) No.8402 OF 2018 17.05.2018 aav RAM/JC/SAR 1/30.05.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/