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Madras High CourtCRL OP/889/2022disposed of

Sithaiyan v. The Assistant Commissioner

2022-01-19Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.889 OF 2022

1. Sithiayan

2. Thulasi

3. Pradeep ... Petitioners/Accused 1 to 3

Versus

1. The Assistant Commissioner, Tiruppur North, Tiruppur City.

2. The State Rep. by The Inspector of Police, Thirumurugan Poondi Police Station, Tiruppur City.

Crime No.156/2021 ... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District & Sessions Judge, Tiruppur and Special Court for SC & ST Act to consider the bail application of the petitioners on the date of surrender before the Court in connection with Crime No.156 of 2021 on the file of the second respondent police. For Petitioners :

Mr.K.Sudhakar 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 & Sessions Judge, Tiruppur and Special Court for SC & ST Act to consider the bail application of the petitioners on the date of surrender before the Court in connection with Crime No.156 of 2021 on the file of the second respondent police.

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 & Sessions Judge, Tiruppur and Special Court for SC & ST Act, 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 IV) //True Copy// Sub Assistant Registrar ah To 1.

The Principal District & Sessions Judge, Special Court for SC & ST Act Tiruppur.

2.

The Assistant Commissioner, Tiruppur North, Tiruppur City.

3.

The Inspector of Police, Thirumurugan Poondi Police Station, Tiruppur City.

4.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Sudhakar, Advocate, S.R.No.2965 CRL.O.P.NO.889 OF 2022 AK-II(CO) PBS/19/01/2022 https://hcservices.ecourts.gov.in/hcservices/