Madras High CourtCRL OP/5086/2022ordered

K.Nagarethinam v. The Deputy Superintendent Of Police

2022-03-07Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5086 of 2022 1.K.Nagarethinam 2.N.Anbarasan 3.C.Suresh Kumar 4.M.Kalimuthu ... Petitioners/Accused Vs.

1.The State Represented by The Deputy Superintendent of Police, Pollachi Taluk, Coimbatore District.

2.The Sub Inspector of Police, Vadakkipalayam Police, Pollachi Taluk, Coimbatore District.

(Crime No.52 of 2022) ... Respondents/ Defacto Complainant PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Principal District & Sessions Judge, Coimbatore to consider the petitioners Bail Petition to be filed on the same day on their surrender in Crime No.52 of 2022 pending on the file of the second respondent. For Petitioners : Mr.G.Jeremiah For Respondents : Mr.V.Meganathan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District & Sessions Judge, Coimbatore to consider the petitioners Bail Petition to be filed on the same day on their surrender in Crime No.52 of 2022 pending on the file of the second 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 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, Coimbatore, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.52 of 2022 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. The petitioners 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 IX) //True Copy// Sub Assistant Registrar shk/arb To

1. The Principal District & Sessions Judge, Coimbatore.

2. The Deputy Superintendent of Police, Pollachi Taluk, Coimbatore District.

3. The Sub Inspector of Police, Vadakkipalayam Police, Pollachi Taluk, Coimbatore District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.G.Jeremiah, Advocate, S.R.No.15184 Crl.O.P.No.5086 of 2022 MG(CO) CT 08/03/2022 https://hcservices.ecourts.gov.in/hcservices/