Madras High CourtCRL OP/161/2022disposed of

S. Manikandan v. State Rep By

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.161 of 2022 1.S.Manikandan 2.M.Dhatchani @ Prema 3.M.Premnath ... Petitioners

Versus

1.The Superintendent of Police, O/o. The Superintendent of Police, Villupuram, Villupuram District.

2.State rep. by The Inspector of Police, Ananthapuram Police Station, Villupuram District.

(Crime No.517 of 2021) ... Respondents1&2 3.Rasar ..3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, Villupuram to accept the surrender of the petitioners herein in Crime No.517 of 2021 on the file of the second respondent and to consider the bail application and to pass orders on the same day itself. For Petitioners :

Mr.G.Mohan 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, Villupuram to accept the surrender of the petitioners herein in Crime No.517 of 2021 on the file of the second respondent and to consider the bail application and to pass orders on the same day itself.

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, Villupuram, 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, Villupuram.

2.The Superintendent of Police, O/o. The Superintendent of Police, Villupuram, Villupuram District.

3.The Inspector of Police, Ananthapuram Police Station, Villupuram District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.G.Mohan, Advocate Sr.NO. 911 CRL.O.P.No.161 of 2022 RP(CO) A.SK(06.01.2022) https://hcservices.ecourts.gov.in/hcservices/