Madras High CourtCRL OP/17699/2020disposed of

Palanisamy v. State By

2020-11-10Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2020

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN Crl OP.No.17699 of 2020 Palanisamy

...Petitioner

.Vs.

State by Inspector of Police Sulthanpettai Police Station Coimbatore District.

(Crime No.404/2020)

...Respondent

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the Special Judge for SC & ST Act cases/ Principal District Judge, Coimbatore to accept the surrender and consider the Bail Petition to be filed by the petitioner on the same day, on merits in connection with the case in Crime No.404 of 2020 pending investigation on the file of the respondent police.

For Petitioner : Mr. N.Ponraj For Respondent : Ms. M. Prabhavathi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been laid by the petitioner seeking direction to the Special Judge for SC & ST Act cases/Principal District Judge, Coimbatore, to accept the surrender and consider the bail petition of the petitioner on the same date of surrender pertaining to the Crime No.404 of 2020 on the file of the Respondent police.

2. The petitioner is arrayed as an accused in crime No.404 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, 1989. 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.

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

(i) The petitioner shall surrender before the Special Judge for SC & ST Act cases/Principal District Judge, Coimbatore, within 10 days from the date of receipt of copy of this order. (ii) On the petitioner surrendering before the Special Judge for SC & ST Act cases/Principal District Judge, Coimbatore and filing the bail application, the the Special Judge for SC & ST Act cases/Principal District Judge, Coimbatore 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(CCC) //True Copy// Sub Assistant Registrar Copy to

1. The Special Judge for SC & ST Act cases/ Principal District Judge, Coimbatore.

2. The Inspector of Police Sulthanpettai Police Station Coimbatore District.

(Crime No.404/2020)

3. The Public Prosecutor, High Court, Madras. +1cc to Mr.N.Ponraj, Advocate, Sr.No.36705 Crl OP.No.17699 of 2020 rr ii (03/12/2020) https://hcservices.ecourts.gov.in/hcservices/