G.Muthusamy v. The Assistant Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2022

CORAM:

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.5991 of 2022 G.Muthusamy ... Petitioner Vs

1. The Assistant Commissioner of Police, Tiruppur City, Tiruppur District.

2. State rep. by:- The Inspector of Police, Velampalayam Police Station, Tiruppur District, Crime No.1272 of 2021

3. N.Illakiya ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Principal District Sessions Judge, Tiruppur to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner surrender in connection with Cr.No.1272 of 2021 pending before the respondent police.

For Petitioner : Mr.G.Punniakoti For Respondents : Mr.V.Meghanathan for R1 & R2 Govt.Advocate(Crl.side)

O R D E R

This petition is filed for a direction to direct the Principal District Sessions Judge, Tiruppur to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner surrender in connection with Crime No.1272 of 2021 pending before 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 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 the Principal District Sessions Judge, Tiruppur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 1272 of 2021 on the file of the 2nd respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of the SC/ST 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 True Copy// Sub Assistant Registrar nti/nr To

1. The Principal District Sessions Judge, Tiruppur.

2. The Assistant Commissioner of Police, Tiruppur City, Tiruppur District.

3. The Inspector of Police, Velampalayam Police Station, Tiruppur District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Punniakoti, Advocate, S.R.No.19369 CRL.O.P.No.5991 of 2022 PA[co] NSK 28/03/2022 https://hcservices.ecourts.gov.in/hcservices/