T.Sellathurai v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.2866 OF 2022 T.Sellathurai

...Petitioner / Accused-6

Vs 1.The Deputy Superintendent of Police, Pollachi Sub Division, Coimbatore District.

2.The State by Inspector of Police Anamalai Police Station Pollachi, Coimbatore District.

Crime No.29 of 2022.

...Respondents / Complainant

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Judge for SC and ST Act cases/Principal District and Sessions Court, Coimbatore to consider the Bail Petition to be filed by the petitioner, on his surrender on the same day, on merits in connection with the case in Crime No.29 of 2022 pending investigation on the file of the 1st respondent Police.

For Petitioner :

Mr.V.Anandhamurthy For Respondents :

Mr.V.Meghanathan Government Advocate

O R D E R

This petition is filed for a direction to direct the learned Special Judge (for Trial of SC/ST Act Cases), the Principal District and Sessions Court, Coimbatore, to consider the bail petition of the petitioner on the same day of surrender and dispose the same on merits and in accordance with law in Crime No.29 of 2022 on the file of the 1st respondent.

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 https://hcservices.ecourts.gov.in/hcservices/

Special Judge, (for Trial of SC/ST Act Cases), the Principal District and Sessions Court, Coimbatore, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.29 of 2022 on the file of the 1st respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(A) of the SC/ST(POA)Act. The petitioner shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order.

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

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar vkr To 1.The Deputy Superintendent of Police, Pollachi Sub Division, Coimbatore District.

2.The State by Inspector of Police Anamalai Police Station Pollachi, Coimbatore District.

Crime No.29 of 2022.

3.The Principal District Sessions Judge, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

+1cc to M/s.V.Anandhamurthy, Advocate Sr.No.8138 CRL.O.P.No.2866 of 2022 SJ(CO) RVM(16/02/2022) https://hcservices.ecourts.gov.in/hcservices/