Marasamy v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.10441 of 2020

1. Marasamy, M/50 yrs, S/o.Rakkiappan, No.4/61, Mahalakshmipuram, Pasur, Annur Taluk, Coimbatore District.

2. Suseela, F/41 yrs, W/o.Paramasivam, Mahalakshmipuram, Pasur, Annur Taluk, Coimbatore District.

3. Nanjammal, F/46 yrs, W/o.Manickam, Mahalakshmipuram, Pasur, Annur Taluk, Coimbatore District.

... Petitioners Vs State represented by 1.The Deputy Superintendent of Police (Investigation Officer), Karumathampatti, Coimbatore, Coimbatore District.

2.The Sub Inspector of Police, Annur Police Station, Annur, Coimbatore District (Crime No. 1362 of 2020) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Court, Coimbatore, to accept the petitioners surrender application and consider the petitioners bail application on the same day in connection with Crime No.1362 of 2020 on the file of the Sub Inspector of Police, Annur Police Station, Annur, Coimbatore District.

For Petitioners: Mr.C.Prakasam For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the District and Sessions Court, Coimbatore, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.1362 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 District and Sessions Court, Coimbatore, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 1362 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 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 //True Copy// Sub Assistant Registrar mpa To

1. The District and Sessions Court, Coimbatore. 2.The Deputy Superintendent of Police (Investigation Officer), Karumathampatti, Coimbatore, Coimbatore District.

3.The Sub Inspector of Police, Annur Police Station, Annur, Coimbatore District.

4. The Public Prosecutor, High Court, Madras. CRL.O.P.No.10441 of 2020 VGII(CO) GS(29/07/2020)