Madras High CourtCRL OP/1179/2022disposed of

Karthik @ Agni Karthik v. State Rep By

2022-01-21Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.1179 OF 2022 1.Karthik @ Agni Karthik 2.Karthik @ Chinna Karthik ... Petitioners

Versus

1. The Assistant Commissioner of Police, Annathanapatti Police Station, Salem - 636 002.

2. The State, represented by The Inspector of Police, Kondalampatti Police Station, Salem - 636 010.

(Crime No.789 of 2021) ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, Salem to consider the bail application of the petitioner concerned in Crime No.789 of 2021, on the file of the Inspector of Police, Kondalampatti Police Station, Salem on their surrender on the same day on such terms and conditions.

For Petitioners :

Mr.C.Prabakaran For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the learned Principal District and Sessions Judge, Salem to consider the bail application of the petitioner concerned in Crime No.789 of 2021, on the file of the Inspector of Police, Kondalampatti Police Station, Salem on their surrender on the same day on such terms and conditions.

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 and on such surrender, the learned Principal District and Sessions Judge, Salem , 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 VII) //True Copy// Sub Assistant Registrar ah To

1. The Principal District and Sessions Judge, Salem.

2. The Assistant Commissioner of Police, Annathanapatti Police Station, Salem - 636 002.

3. The Inspector of Police, Kondalampatti Police Station, Salem - 636 010.

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.1179 of 2022 PPA(CO) PM/21/01/2022 https://hcservices.ecourts.gov.in/hcservices/