Moorthigounder @ Esaramoorthy v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.11215 of 2020

1. Moorthi Gounder @ Esaramoorthy S/o. Palanisamy

2. Palanisamy Gounder @ Palanisamy S/o. Ramasamy Both are residing at 2/51, Pollikaniapalayam Street, Semalaigoundanpalayam, Alagumalai, Tiruppur District.

... Petitioners Vs

1. The Deputy Superintendent of Police, Palladam, Tiruppur District.

2. The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

(Crime No.1171 of 2020) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Judge for SC & ST Act cases/Principal Sessions Court, Tiruppur to consider the bail petition to be filed by the petitioners, on their surrender on the same day, on merits in connection with the case in Crime No.1171 of 2020 pending investigation on the file of the respondents.

For Petitioners: Mr.R.Prabakar For Respondents: Mr.S.Karthikeyan, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Special Court/Principal Sessions Court, Tiruppur, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.1171 of 2020, since the offences are pertaining to the Scheduled Castes and https://hcservices.ecourts.gov.in/hcservices/

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 Special Court/Principal Sessions Court, Tiruppur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 1171 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 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-VI) //True Copy// Sub Assistant Registrar dh To

1. The Principal Sessions Judge, Tiruppur.

2. The Deputy Superintendent of Police, Palladam, Tiruppur District.

3. The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No. 11215 of 2020 BP(CO) CB(21/08/2020) https://hcservices.ecourts.gov.in/hcservices/