Madras High CourtCRL OP/1501/2022disposed of

V.Ramachandiran v. State Rep By

2022-01-24Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.1501 of 2022 1.V.Ramachandiran 2.Karthick @ M.Karthikeyan 3.Ezhil @ V.Vasandaraja ... Petitioners/Accused 1 to 3

Versus

State rep. by The Inspector of Police, PCR Cell Police Station, Puducherry District.

(Crime No.01 of 2022) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned II Additional District and Sessions Judge (Special Court for SC/ST Case), Pondicherry District to consider the bail application filed by the petitioners on their surrender in connection with Crime No.01 of 2022 on the file of the respondent police on the same day.

For Petitioners:

J.Jayan For Respondent :

Mr.V.Balamurugane Addl. Public Prosecutor (Pondy).

O R D E R

This Criminal Original Petition is filed to direct the learned II Additional District and Sessions Judge (Special Court for SC/ST Case), Pondicherry District to consider the bail application filed by the petitioners on their surrender in connection with Crime No.01 of 2022 on the file of the respondent police 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. https://hcservices.ecourts.gov.in/hcservices/

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 II Additional District and Sessions Judge (Special Court for SC/ST Case), Pondicherry District, 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(CO) //True Copy// Sub Assistant Registrar ah To

1. The learned II Additional District and Sessions Judge (Special Court for SC/ST Case), Pondicherry District.

2. The Inspector of Police, PCR Cell Police Station, Puducherry District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.J.Jayan, Advocate, S.R.No.3915 (25/01/2022) CRL.O.P.No.1501 of 2022 RP(CO) SU(24/01/2022) https://hcservices.ecourts.gov.in/hcservices/