P.Appadurai v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2020

CORAM:

THE HON'BLE MR.JUSTICE M.GOVINDARAJ 1.P.Appadurai 2.S.Selvakumar 3.P.Kulanthaivel ...

Petitioners Vs 1.The Deputy Superintendent of Police Valparai, Coimbatore District.

2.The Inspector of Police Kottur Police Station Coimbatore District.

Crime No.64 of 2020 ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code with a prayer to direct the Special Judge for SC & ST Cases / Principal Sessions Court, Coimbatore to consider the bail petition to be filed by the petitioners on their surrender on the same day, on merits in connection with the case in Crime No.64 of 2020 pending investigation on the file of the first respondent police.

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For Petitioner :

Mr.S.Sathish For Respondents :

Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed by the petitioners seeking direction to the learned Special Judge for SC & ST Act cases / Principal Sessions Court, Coimbatore, to consider the bail petitions of the petitioners on their surrender on the same day.

2. As per the provisions contained under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, granting of anticipatory bail is not possible. Therefore, considering the prevailing situation of Novel Corona Virus (COVID-19) a direction is given to the learned Principal District Judge, Coimbatore, to take up and consider the bail petitions to be filed by the petitioners, on their surrender, on the very same day and pass orders, on merits and in accordance with law. Notice contemplated under Section 15-A of the Amended Act is dispensed with for 2/4

the present. It is also relevant to note that calling the victim during lock down period may be detrimental to his health also. Till such time, the respondent Police is directed not to precipitate the matter. The above order is passed considering the totality of the circumstances.

3. This Criminal Original Petition is ordered accordingly. 17.04.2020 TK To 1.The Special Judge for SC & ST Cases / Principal Sessions Court Coimbatore.

2.The Deputy Superintendent of Police Valparai, Coimbatore District.

3.The Inspector of Police Kottur Police Station Coimbatore District.

Crime No.64 of 2020 4.The Additional Public Prosecutor High Court of Madras, Madras.

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M.GOVINDARAJ, J.

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