Madras High CourtCRL OP/1729/2022disposed of

R.Gokul v. State Rep By

2022-02-01Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.1729 of 2022 R.Gokul

...Petitioner

Versus

1.The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

2.The Inspector of Police, Anakkavoor Police Station, Thiruvannamalai District.

(Crime No.465 of 2021)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge cum Special Judge for SC/ST Cases, Tiruvannamalai to consider the petitioner's bail application in connection with the *Crime No.465 of 2021 on the file of the 2nd respondent Police on his surrender and pass orders on merits on the same day.

For Petitioner :

Mr.E.Sathiyaraj For Respondents:

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the learned learned Principal District and Sessions Judge cum Special Judge for SC/ST Cases, Tiruvannamalai to consider the petitioner's bail application in connection with the *Crime No.465 of 2021 on the file of the 2nd respondent Police on his surrender and pass orders on merits on the same day. 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 and on such surrender, the https://hcservices.ecourts.gov.in/hcservices/

learned Principal District and Sessions Judge cum Special Judge for SC/ST Cases, Tiruvannamalai, 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 III) DATED:23.03.2022 *Amended as per order of this Court dated 22.02.2022 and made in CRL MP.2050 of 2022 CRL.O.P.No.1729 of 2022 -s/dAssistant Registrar(CSIII) dt 01.02.2022 //True Copy// Sub Assistant Registrar sli To 1.The Principal District and Sessions Judge cum Special Judge for SC/ST Cases, Tiruvannamalai. 2.The Superintendent of Police, Thiruvannamalai, to be substituted the order Thiruvannamalai District.

already despatched on 02.02.22 3.The Inspector of Police, Anakkavoor Police Station, Thiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.E. Sathyaraj, Advocate sr 6087.

CRL.O.P.No.1729 of 2022 CNR(CO) SP(01/02/2022) A.SK(23/03/2022) https://hcservices.ecourts.gov.in/hcservices/