Madras High CourtCRL OP/4866/2019allowed

Su.Gurusamy v. The Inspector Of Police

2019-02-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.4866 of 2019 1.Su.Gurusamy 2.S.Riyaz 3.Raj Thilak 4.Paulraj @ Karthik Paulraj 5.S.Anthony ... Petitioners Vs State rep by The Inspector of Police, Annur Police Station, Coimbatore District.

(Crime No.53 of 2018) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions and District Judge, Coimbatore to consider the petitioner's Bail Application on the same day of their surrender before the Court in connection with Crime No.53 of 2018, on the file of the respondent Police.

For Petitioner : Mr.S.Natarajan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Principal Sessions and District Judge, Coimbatore to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.53 of 2018, 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 Principal Sessions and District Judge, Coimbatore to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.53 of 2018 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 petitioners shall surrender before the concerned https://hcservices.ecourts.gov.in/hcservices/

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(CCC) //True Copy// Sub Assistant Registrar To 1.Principal Sessions and District Judge, Coimbatore.

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

3. The Public Prosecutor, High Court, Madras.

+3cc to Mr.S.Natarajan, Advocate, S.R.No.16383 CRL.O.P.No.4866 of 2019 AD(CO) GSP(25/02/2019) https://hcservices.ecourts.gov.in/hcservices/