Thirumalaisamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9621 of 2019 Thirumalaisamy ... Petitioner/Accused Vs.

The State rep. by The Inspector of Police, Kottur Police station, Pollachi, Coimbatore.

... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Special Judge cum Principal Session Judge, Coimbatore, to consider their surrender and pass appropriate orders on the bail application filed by the petitioner's bail on the same day in connection with Crime No.80 of 2019 pending on the file of Inspector of Police Station, Kottur Police Station, Pollachi, Coimbatore District.

For Petitioner : Mr.M.N.Balakrishnan For Respondent : Mr.C.Raghavan Govt. Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the Special Judge cum Principal Session Judge, Coimbatore, to consider their surrender and pass appropriate orders on the bail application filed by the petitioner's bail on the same day in connection with Crime No.80 of 2019 pending on the file of Inspector of Kottur Police Station, Pollachi, Coimbatore District.

2. In view of the specific bar under Section 18 of the Scheduled 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 Special Judge cum Principal Session Judge, Coimbatore, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.80 of 2019 and pass https://hcservices.ecourts.gov.in/hcservices/

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 of the receipt of a copy of this Order.

3.In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsn/mpa To 1.The Special Judge cum Principal Sessions Judge, Coimbatore.

2.The Inspector of Police, Kottur Police station, Pollachi, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.N.Balakrishnan, Advocate Sr.No.35483 Crl.O.P.No.9621 of 2019 CSL/11.04.2019 https://hcservices.ecourts.gov.in/hcservices/