Madras High CourtCRL OP/15692/2020disposed of

Sathiyamoorthi v. The State Rep. By

2020-10-05Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.10.2020

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN Crl OP.No.15692 of 2020 Sathiyamoorthi

...Petitioner

Vs.

The State Rep. by Inspector of Police Kundadam Police Station Tiruppur District Crime No.925 of 2020

...Respondent

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned Principal Sessions Judge, Tiruppur, to consider the bail application of the petitioner herein on the very day of surrender pertaining to the Crime No.925 of 2020 on the file of the Kundadam Police Station, Tiruppur District by appreciating the above stated facts and circumstances.

For Petitioner : Mr. R. Shashee for Mr. M. Guruprasad For Respondent : Ms. M. Prabhavathi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been laid by the petitioner seeking direction to the Principal Sessions Judge, Tiruppur to consider the bail application of the petitioner on the same date of surrender pertaining to the Crime No.925 of 2020 on the file of the Kundadam Police Station, Tiruppur District.

2. The petitioner is arrayed as an accused in crime No.925 of 2020 for the offences punishable under Sections 294(b), 323 and 506(i) of IPC and 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Amendment Act 2015. Now according to the petitioner, the case has been falsely foisted against him. Further it is put forth that since there is a specific bar in preferring the Anticipatory Bail application as per Section 18 of SC/ST Act, according the petitioner, he has come forward with the present Criminal Original Petition.

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

3. Considering the facts and circumstances of the case and in the interest of justice, I deem it fit to issue the following directions.

(i) The petitioner shall surrender before the Principal Sessions Judge, Tiruppur, within 10 days from the date of receipt of copy of this order.

(ii) On the petitioner surrendering before the Principal Sessions Judge, Tiruppur and filing the bail application, the Principal Sessions Judge, Tiruppur is directed to consider and dispose of the bail application as expeditiously as possible, preferably on the date of surrender in accordance with law.

4. Accordingly, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bga To 1.The Principal Sessions Judge, Tiruppur 2.The State Rep. by Inspector of Police Kundadam Police Station Tiruppur District Crime No.925 of 2020 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Guruprasad, Advocate, sr no.32613 Crl OP.No.15692 of 2020 VSNII(CO) RMP(11/11/2020) https://hcservices.ecourts.gov.in/hcservices/