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Madras High CourtCRL OP/8773/2022allowed

Sabari @ Anadha Phadmandhan.R v. The Deputy Superintendent Of Police

2022-04-19Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8773 of 2022 1.Sabari @ Anadha Phadmandhan 2.Sathavignesh ... Petitioners Vs.

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

2.State Rep. By, The Inspector of Police, Pollachi East Police Station, Coimbatore District.

(Crime No.225 of 2022) ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Court for the Exclusive Trial of SC and ST Cases Coimbatore to consider the anticipatory bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.225 of 2022 on the file of the second respondent police.

For Petitioners: Mr.D.Selvaraju 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 Special Court for the Exclusive Trial of SC and ST Cases Coimbatore to consider the anticipatory bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.225 of 2022 on the file of the second respondent police.

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 https://hcservices.ecourts.gov.in/hcservices/

innocent persons, there shall be a direction to the Special Court for the Exclusive Trial of SC and ST Cases Coimbatore, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.225 of 2022 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. The 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 shk/sai To

1. The Special Court for the Exclusive Trial of SC and ST Cases Coimbatore 2.The Deputy Superintendent of Police, Pollachi, Coimbatore District.

3.The Inspector of Police, Pollachi East Police Station, Coimbatore District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.D.Selvaraju, Advocate, S.R.No.26480 Crl.O.P.No.8773 of 2022 PM(CO) SB(19/04/2022) https://hcservices.ecourts.gov.in/hcservices/