Madras High CourtCRL OP/14499/2020disposed of

K.S.Arumugam v. State Rep.By

2020-09-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.NO.14499 OF 2020 1.K.S.Arumugam 2.A.P.Hrishikesh ... Petitioners/ Accused 1 & 2 Vs State Rep. by, The Inspector of Police, Madukkarai Police Station, Coimbatore District.

(Crime No.1785 of 2020) ... Respondent/ Complainant Prayer:

Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction, directing the Principal District and Sessions Judge, Coimbatore (Special Judge for SC and ST Act Cases) to consider the petitioners Bail petition to be filed on the same day on their surrender in Crime No.1785 of 2020 pending on the file of the respondent.

For Petitioners: Mr.M.N.Balakrishnan For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to issue a direction, directing the Principal District and Sessions Judge, Coimbatore (Special Judge for SC and ST Act Cases) to consider the petitioners Bail petition to be filed on the same day on their surrender in Crime No.1785 of 2020 pending on the file of the respondent.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent. 3.In view of the specific bar under Section 18 of the https://hcservices.ecourts.gov.in/hcservices/

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 Principal District and Sessions Judge, Coimbatore (Special Judge for SC and ST Act Cases), to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.1785 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.

4.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rna To

1. The Principal District and Sessions Judge, Coimbatore. (Special Judge for SC and ST Act Cases)

2. The Inspector of Police, Madukkarai Police Station, Coimbatore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.N.Balakrishnan, Advocate, S.R.No.30345 Crl.O.P.No.14499 of 2020 CA(CO) CS/01/10/2020 https://hcservices.ecourts.gov.in/hcservices/