Madras High CourtCRL OP/1170/2022disposed of

Gowthamraj 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.1170 of 2022 Gowthamraj ... Petitioner

Versus

1.The Superintendent of Police, Superintendent Office, Salem District.

2.The State rep. by The Inspector of Police, Nangavalli Police Station, Salem District.

(Crime No.356 of 2020) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal Sessions Judge, Salem to consider the bail application of the petitioner on the same day of surrender in Crime No.356 of 2020 before the Court on the file of the respondent police. For Petitioner :

Mr.M.Mariappan 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 Sessions Judge, Salem to consider the bail application of the petitioner on the same day of surrender in Crime No.356 of 2020 before the Court on the file of the respondent police.

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 https://hcservices.ecourts.gov.in/hcservices/

learned Principal 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 Sessions Judge, Salem.

2.The Superintendent of Police, Superintendent Office, Salem District.

3.The Inspector of Police, Nangavalli Police Station, Salem District.

4.The Public Prosecutor, High Court, Madras.

+1cc to M/s.N.Chinnaraj, Advocate Sr.3749 CRL.O.P.No.1170 of 2022 sv[co] srg 21/01/2022 https://hcservices.ecourts.gov.in/hcservices/