Madras High CourtCRL OP/9814/2020disposed of

Mani v. The State Rep By Its,

2020-06-29Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 9814 of 2020

1. Mani W/o. Rajan

2. Sivakumar Both residing at No4/310, Anna Nagar, Sulur Taluk, Karaallimadappur, Coimbatore - 641 668 ... Petitioners Vs State represented by Inspector of Police, Karumathampatty Police Station, Solur Taluk, Coimbatore District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge, Coimbatore, to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connections with Crime No.1013 of 2020 on the file of the respondent. For Petitioners : Mr.S.Senthilvel 1/4

For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the learned Principal District and Sessions Judge, Coimbatore, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.1013 of 2020, 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 learned Principal District and Sessions Judge, Coimbatore, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.1013 of 2020 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 petitioners shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date 2/4

of the receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed. 29.06.2020 Internet:Yes Index:Yes/no Speaking/Non speaking order rts To

1. The Principal District and Sessions Judge, Coimbatore

2. The Inspector of Police, Karumathampatty Police Station, Solur Taluk, Coimbatore District.

3. The Public Prosecutor, High Court, Madras. 3/4

G.K.ILANTHIRAIYAN, J.

rts CRL.O.P.No. 9814 of 2020 29.06.2020 4/4