Madras High CourtCRL OP/25241/2017ordered

S.Parthasarathi, M/29 v. The Deputy Superintendent Of

2017-11-21Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.25241 of 2017 1.S.Parthasarathi 2.Sathiyanarayanan 3.Revathi 4.Kowsik ..Petitioners/Accused No.1 to 4 Vs 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent Of Police, Perur, Coimbatore District.

2.The Inspector of Police, AWPS- Perur Police Station, Coimbatore District. ...Respondents/Complainant 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 Coimbatore 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 FIR No.28 of 2017 pending investigation on the file of the 1st respondent police.

For Petitioners : Mr.D.R.Arunkumar For Respondents : Mr.C.Iyyapparaj, Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned Special Judge for SC & ST Act Cases/Principal Sessions Court Coimbatore to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.28 of 2017, 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 Special Judge for SC & ST Act Cases/Principal Sessions Court https://hcservices.ecourts.gov.in/hcservices/

Coimbatore to consider the petitioners' bail application, preferably on the same day of their surrender in connection with FIR.No.28 of 2017 and pass appropriate orders in accordance with law after affording due opportunity to the victim. The petitioner shall surrender before the concerned jurisdictional Court within a period of one week from the date of receipt of a copy of this order.

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

Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar To 1.The Special Judge for SC & ST Act Cases/ Principal Sessions Court Coimbatore 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent Of Police, Perur, Coimbatore District.

3.The Inspector of Police, AWPS- Perur Police Station, Coimbatore District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.R.Arunkumar, Advocate in sr.no.82800 https://hcservices.ecourts.gov.in/hcservices/