Madras High CourtCRL OP/1095/2022disposed of

Savitha@Sakila v. State Rep By

2022-01-21Honourable Mr Justice M. Nirmal Kumar3 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.1095 OF 2022 1.Savitha @ Sakila 2.Kalpana 3.Sridevi @ Kumari 4.Vaithishwaran 5.Chandra @ Kundu ... Petitioners/ Accused

Versus

1. The Deputy Superintendent of Police, Gingee Range,

2. The Sub Inspector of Police, Anandapuram Police Station, (Crime No.517 of 2021) ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Court for exclusive trial of cases registered under SC/ST (POA) Villupuram to consider bail petition in Crime No.517 of 2021 dated 29.12.2021 on the file of the respondent police on the same day of their surrender.

For Petitioners :

Mr.E.C.Ramesh For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the learned Special Court for exclusive trial of cases registered under SC/ST (POA) Villupuram to consider bail petition in Crime No.517 of 2021 dated 29.12.2021 on the file of the respondent police on the same day of their surrender.

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 Judge, Special Court for exclusive trial of cases registered under SC/ST (POA), 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 VII) //True Copy// Sub Assistant Registrar ah To

1. The Special Court for exclusive trial of cases registered under SC/ST (POA), Villupuram.

2. The Deputy Superintendent of Police, Gingee Range,

3. The Sub Inspector of Police, Anandapuram Police Station,

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.1095 of 2022 GJ(CO) PM/21/01/2022