Kunju @ Paramasivam v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.03.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6250 of 2019 Kunju alias Paramasivam ... Petitioner Vs The Inspector of Police, Gomangalam Police Station, Coimbatore District.
(Crime No.36 of 2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to pass an order of direction, to direct the learned Principal District and Session Judge, Coimbatore, to consider the petitioner bail application to be filed by the petitioner on the very same day in connection with Crime No.36 of 2019 on the file of the respondent police.
For Petitioner : Mr.N.Umapathi For Respondent : Mr.C.Raghavan Government Advocate (Criminal Side)
O R D E R
This petition is filed for a direction to the Principal District and Session Judge, Coimbatore, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.36 of 2019, 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 District and Session Judge, Coimbatore, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.36 of 2019 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 https://hcservices.ecourts.gov.in/hcservices/
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 viii) //True Copy// Sub Assistant Registrar ssr/at To
1. The Principal District and Session Judge, Coimbatore
2. The Inspector of Police, Gomangalam Police Station, Coimbatore District.
3. The Public Prosecutor, High Court, Madras.
+1cc to Mr.N.Umapathi,Advocate SR.No. 22443 Crl.O.P.No. 6250 of 2019 A.SK(11/03/2019) https://hcservices.ecourts.gov.in/hcservices/