Madras High CourtCRL OP/90/2022disposed of

P.Harikrishnan v. The Assistant Commissioner Of Police

2022-01-06Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.90 of 2022 1.P.Harikrishnan 2.P.Aneesh ... Petitioners/ Accused 2 & 3

Versus

1.The Assistant Commissioner of Police, Coimbatore South, Coimbatore District.

2.State rep. by its The Inspector of Police, PODHANUR Police Station, Coimbatore District, (Crime No.1326 of 2021) ... Respondents/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, (Special Judge), SC/ST Act Cases, Coimbatore District to consider the bail application filed by the petitioners on their surrender in connection with Crime No.1326 of 2021 on the file of the second respondent police on the same day.

For Petitioners :

Mr.W.Camyles Gandhi For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed to direct the learned Principal District and Sessions Judge, (Special Judge), SC/ST Act Cases, Coimbatore District to consider the bail application filed by the petitioners on their surrender in connection with Crime No.1326 of 2021 on the file of the second respondent police on the same day.

2.In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, https://hcservices.ecourts.gov.in/hcservices/

this Court is of the view that the usual directions that were issued by this Court cannot be issued routinely in all cases. Therefore, the petitioners are directed to surrender before the trial Court within a period of two weeks from the date of receipt of a copy of this order and on such surrender, the learned Principal District and Sessions Judge, (Special Judge), SC/ST Act Cases, Coimbatore District, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15-A (3) of the SC/ST Act. It makes it clear that without going into the merits of this case, this Court is inclined to dispose the matter and it is for the trial Court to decide the case on its own merit. 3.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ah To 1.The Principal District and Sessions Judge, (Special Judge), SC/ST Act Cases, Coimbatore District.

2.The Assistant Commissioner of Police, Coimbatore South, Coimbatore District.

3.The Inspector of Police, PODHANUR Police Station, Coimbatore District 4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate, S.R.No.936 CRL.O.P.No.90 of 2022 KV(CO) SB(04/01/2022) https://hcservices.ecourts.gov.in/hcservices/