Madras High CourtCRL OP/517/2022disposed of

K.Prabakaran v. The State Rep By

2022-01-11Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.517 of 2022 K.Prabakaran

...Petitioner

Versus

1. State Rep.by Deputy Superintendent of Police Mettur Taluk Salem District.

2. State Rep.by Inspector of Police Mecheri Police Station Mettur Taluk Crime No.595 of 2021.

...Respondents/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District and Sessions Judge and Special Judge for SC/ST Act Cases of Salem to consider the petitioner's bail petition on the date of the application itself on his surrender in Crime No.595 of 2021 registered for the alleged offences under Sections 147, 148, 323, 324, 355 of IPC and Section 3(1) (r ), 3(1) (s), 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 1989 pending investigation on the file of the respondent.

For Petitioner :

Mr.T.Sai Krishnan For Respondents:

Mr.R.VinothRaja Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking a direction,to direct the Principal District and Sessions Judge and Special Judge for SC/ST Act Cases of Salem to consider the petitioner's bail petition on the date of the application itself on his surrender in Crime No.595 of 2021 registered for the alleged offences under Sections 147, 148, 323, 324, 355 of IPC and Section 3(1) (r ), 3(1) (s), 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 1989 pending investigation on the file of the https://hcservices.ecourts.gov.in/hcservices/

respondent.

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 petitioner is 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 Principal District and Sessions Judge and Special Judge for SC/ST Act Cases of 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.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dna To

1. The Principal District and Sessions Judge and Special Judge for SC/ST Act Cases of Salem.

2. The Deputy Superintendent of Police Mettur Taluk Salem District.

2. The Inspector of Police Mecheri Police Station Mettur Taluk

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Saikrishnan, Advocate, S.R.No.2150 CRL.O.P.No.517 of 2022 NRJK(CO) RGA(11/01/2022) https://hcservices.ecourts.gov.in/hcservices/