Madras High CourtCRL OP/6387/2022disposed of

Major Ramasamy Alias Ramasamy v. The Deputy Superintendent Of Police

2022-03-22Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6387 of 2022 Major Ramasamy Alias Ramasamy

...Petitioner/Accused No.6

Vs.

1.The Deputy Superintendent of Police, Pollachi, Coimbatore District.

2.The State rep. by The Inspector of Police, Anaimalai Police Station, Coimbatore District.

(Crime No.29 of 2022)

...Respondent/Complainant

3.Hariharasuthakar ...Respondent/Defacto Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal District and Sessions Judge, Coimbatore to consider the bail application of the petitioner on the same day after his surrender in Crime No.29 of 2022 on the file of the respondent.

For Petitioner :

Mr.A.S.Aswin Prasanna For Respondent :

Mr.A.Gokulakrishnan for R1 and R2, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the Principal District and Sessions Judge, Coimbatore to consider the bail application of the petitioner on the same day after his surrender in Crime No.29 of 2022 on the file of the 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 learned Principal District and Sessions Judge, Coimbatore, to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No.29 of 2022 on the file of the 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, 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-III) //True Copy// Sub Assistant Registrar shk/sai To 1.The Principal District and Sessions Judge, Coimbatore 2.The Deputy Superintendent of Police, Pollachi, Coimbatore District.

3.The Inspector of Police, Anaimalai Police Station, Coimbatore District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.A.S.Aswin Prasanna, Advocate SR. No.19047 Crl.O.P.No.6387 of 2022 AD (CO) PR (23/03/2022) https://hcservices.ecourts.gov.in/hcservices/