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Madras High CourtCRL OP/8605/2022ordered

Thangamari@Thangamariyammal v. The State Rep By

2022-04-18Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8605 of 2022 Thangamari @ Thangamariyammal ... Petitioner Vs.

1.The State, Rep. by the Inspector of Police, Alandurai Police Station, Coimbatore District.

(Crime No.62 of 2022)

...Respondent/ Complainant

2.The Deputy Superintendent of Police.

Perur Sub Division, Coimbatore District.

... Respondent/Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Petitioner to surrender and move bail application and direct the Special Court for exclusive trial of cases under the S.C. and S.T.(Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Coimbatore to consider her bail application on the same day in respect of Crime Number 62 of 2022, on the file of the Inspector of Police, Alandurai Police Station, Coimbatore District, pending investigation. For Petitioner : Mr.S.B.Viswanathan For Respondents: Mr.V.Meganathan, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the Petitioner to surrender and move bail application and to direct the Special Court for exclusive trial of cases under the S.C. and S.T.(Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Coimbatore to consider the petitioner's bail application on the same day in respect of Crime Number 62 of 2022, on the file of the Inspector of Police, Alandurai Police Station, Coimbatore District, pending investigation.

2.In view of the specific bar under Section 18 of the https://hcservices.ecourts.gov.in/hcservices/

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 Special Court for exclusive trial of cases under the S.C. and S.T. (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Coimbatore, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.62 of 2022 on the file of the Inspector of Police, Alandurai Police Station, Coimbatore District 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-VIII) //True Copy// Sub Assistant Registrar shk/sai To 1.The Presiding Officer, Special Court for exclusive trial of cases under the S.C. and S.T.(Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Coimbatore.

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

(Crime No.62 of 2022) 3.The Deputy Superintendent of Police.

Perur Sub Division, Coimbatore District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.Viswanathan, Advocate, S.R.No.25898 Crl.O.P.No.8605 of 2022 MG(CO) SB(19/04/2022) https://hcservices.ecourts.gov.in/hcservices/