Madras High CourtCRL OP/243/2022disposed of

Bakkiyam v. The State Rep By

2022-01-07Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.243 of 2022 1.Bakkiyam 2.Sundhari 3.Subramani 4.Mathaiyan ... Petitioners

Versus

1.State Rep.by The Deputy Superintendent of Police Rasipuram, Namakkal District.

2.The Inspector of Police Ayilapatty Police Station, Namakkal District.

(Crime No.519 of 2021) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Judge, for SC/ST Cases, Namakkal District to consider the bail application filed by the petitioners on their surrender in connection with Crime No.519 of 2021 on the file of the 2nd respondent police on the same day.

For Petitioners : Mr.W.Camyles Gandhi For Respondents : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This petition has been filed seeking a direction, to direct the learned Special Judge, for SC/ST Cases, Namakkal District to consider the bail application filed by the petitioners on their surrender in connection with Crime No.519 of 2021 on the file of the 2nd respondent police on the same day. https://hcservices.ecourts.gov.in/hcservices/

2. In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, 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 or after commencement of normal functioning of the Court, which ever is later and on such surrender, the learned Special Judge for SC/ST Act cases, Namakkal 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.

3. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar arr To

1. The Special Judge for S.C./S.T. Act Cases, Namakkal District.

2. The Deputy Superintendent of Police Rasipuram, Namakkal District.

3. The Inspector of Police Ayilapatty Police Station, Namakkal District.

(Crime No.519 of 2021)

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.243 of 2022 RSV[CO] SRG 07/01/2022 https://hcservices.ecourts.gov.in/hcservices/