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Madras High CourtCRL OP/5289/2022ordered

Malathy v. State Represented By

2022-03-08Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.5289 OF 2022

1. Malathy

2. Karthi @ A.Karthikeyan

3. Dharanish

4. Vijaya Prabakaran

5. Santhoshkumar

6. Appu @ Arun Prakash

7. Nandhakumar

8. V.Sivalingam

9. Sathish Kumar

10. Sindhu Babu @ Angamuthu

11. Rasu @ A.Mayilsamy

12. Sekar @ Gnanasekaran

13. Kutty @ Vivekanandhan

14. Sabari @ Sabareieswaran

15. Kumar @ P.P.Kumaravadivel ... Petitioners .Vs.

1. The State Represented by The District Superintendent of Police, O/o.The District Superintendent of Police,

2. The Inspector of Police, Kottur Police Station, Coimbatore District.

(Crime No.97 of 2022) ... Respondents PRAYER:- This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District Judge, Coimbatore, to consider and pass orders on the bail application on the same day in the event of their surrender in connection with Crime No.97 of 2022 pending investigation on the file of the Respondent Police.

For Petitioners : Mr.S.Ganeshkumar For Respondents : Mr.V.Meghanathan Government Advocate (Criminal side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District Judge, Coimbatore, to consider and pass orders on the bail application on the same day in the event of their surrender in connection with Crime No.97 of 2022 pending investigation on the file of the Respondent Police.

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 Judge, Coimbatore, to consider the petitioner bail application, preferably on the same day of their surrender in connection with Crime No.97 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 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 VII) //True Copy// Sub Assistant Registrar shk/sai To 1.

The Principal District Judge,

2.

The District Superintendent of Police, O/o.The District Superintendent of Police, 3.

The Inspector of Police, Kottu Police Station, Coimbatore District.

(Crime No.97 of 2022) 4.

The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.Ganeshkumar, Advocate, S.R.No.15460 CRL.O.P.NO.5289 OF 2022 PM(CO) PBS/09/03/2022