High CourtsSingle Bench

Kannan vs State

Madras High Court · Decided on 17 January 2018 · Citation: (2018) 01 MAD CK 0288

HON’BLE JUDGES
M.S. Ramesh
ACTS & SECTIONS REFERRED
<a href=6893>Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989</a>, <a href=6893-18>Section 18</a> — Section 438 of the Code not to apply to persons committing an offence under the Act
RESULT
Allowed
CASE NUMBER
1296 of 2018

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Judgment

10 paragraphs · 197 words
1.

This petition is filed for a direction to the learned Principal District and Sessions Judge, Coimbatore (Special Court for SC/AT POA cases) , to

consider the petitioner''s bail petition on the same day of his surrender in connection with Crime No.322 of 2017, 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 District and Sessions Judge, Coimbatore (Special Court for SC/AT POA cases) , to consider the petitioner''s bail application,

preferably on the same day of his surrender in connection with Crime No. 322 of 2017 and pass appropriate orders in accordance with law after

affording due opportunity to the victims. The petitioner shall surrender before the concerned jurisdictional Court within period of one week from

the date of receipt of a copy of this Order.

3.

In view of the above, the Criminal Original Petition stands allowed.