Madras High CourtCRL OP/1715/2022disposed of

Selva Ganapathy@Prabu v. The Deputy Superintendent Of Police

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.1715 of 2022 Selva Ganapathy @ Prabu

...Petitioner

Versus

State rep. by 1.The Deputy Superintendent of Police, Attur Circle, Salem District.

2.The Inspector of Police, Thalaivasal Police Station, Salem District.

(Crime No.20 of 2022)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal Sessions and District Judge, (Special Judge), SC/ST Act Cases, Salem District to consider the bail application filed by the petitioner on his surrender in connection with Crime No.20 of 2022 on the file of the 2nd respondent police on the same day. For Petitioner :

Mr.W.Camyles Gandhi 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 and District Judge, (Special Judge), SC/ST Act Cases, Salem District to consider the bail application filed by the petitioner on his surrender in connection with Crime No.20 of 2022 on the file of the 2nd 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. 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 Sessions and District Judge, (Special Judge), SC/ST Act Cases, Salem 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(CS III) //True Copy// Sub Assistant Registrar To 1.The learned Principal Sessions and District Judge, (Special Judge), SC/ST Act Cases, Salem District. 2.The Deputy Superintendent of Police, Attur Circle, Salem District.

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

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.W.Camyles Gandhi, Advocate sr 5819 CRL.O.P.No.1715 of 2022 AD(CO) SP(01/02/2022) https://hcservices.ecourts.gov.in/hcservices/