Madras High CourtCRL OP/9887/2022disposed of

G.Sidheswaran v. The Deputy Commissioner Of Police

2022-04-29Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9887 of 2022 G.Sidheswaran .. Petitioner/ Accused Vs.

1.The Deputy Commissioner of Police, Coimbatore City, Coimbatore.

2.The Inspector of Police, Race Course Police Station, Coimbatore District.

Crime No.146 of 2021 ..Respondents 1 & 2/Complainant 3.C.Mahendran ... 3rd Respondents/ Defacto Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Special Judge for SC & ST Act Cases/Principal District and Sessions Court, Coimbatore to consider the Bail Petition to be filed by the same on merits in connection with the case in Crime No.146 of 2022 pending investigation on the file of the first respondent. For Petitioner : Mr.R.Sivakumar For Respondent : Mr.V.Meganathan for R1 & R2, Government Advocate (Crl. side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Special Judge for SC & ST Act Cases/Principal District and Sessions Court, Coimbatore to consider the Bail Petition to be filed, on merits in connection with the case in Crime No.146 of 2022 pending investigation on the file of the first respondent.

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

Special Judge for SC & ST Act Cases/Principal District and Sessions Court, Coimbatore, to accept the surrender of the Petitioner in Crime No.146 of 2022 pending on the file of the first respondent and consider the bail petition on the same day of his surrender 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 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/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar shk/sai To

1. The learned Special Judge for SC & ST Act Cases/Principal District and Sessions Court, Coimbatore 2.The Deputy Commissioner of Police, Coimbatore City, Coimbatore.

3.The Inspector of Police, Race Course Police Station, Coimbatore District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Sivakumar, Advocate, S.R.No.30334 Crl.O.P.No.9887 of 2022 SR.II(CO) SB(29/04/2022) https://hcservices.ecourts.gov.in/hcservices/