Madras High CourtCRL OP/2021/2022disposed of

R.Savitha v. State 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.2021 of 2022 R.Savitha

...Petitioner

Versus

1.State by Assistant Commissioner of Police, Podhanur Region, Coimbatore District, Coimbatore.

2.Inspector of Police, Podhanur Police Station, Coimbatore District.

(Crime No.1314/2021)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Judge for SC &ST Act cases/Principal District Judge, Coimbatore to accept the surrender and consider the Bail petition to be filed by the petitioner on the same day on merits in connection with the case in Crime No.1314 of 2021 pending investigation on the file of the 2nd respondent police.

For Petitioner : Mr.N.Ponraj For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the Special Judge for SC &ST Act cases/Principal District Judge, Coimbatore, to accept the surrender and consider the Bail petition to be filed by the petitioner on the same day on merits in connection with the case in Crime No.1314 of 2021 pending investigation on the file of the 2nd respondent police. 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 https://hcservices.ecourts.gov.in/hcservices/

receipt of a copy of this order and on such surrender, the learned Special Judge for SC &ST Act cases/Principal District Judge, Coimbatore, 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 sli To

1. The Special Judge for SC &ST Act cases /Principal District Judge,Coimbatore.

2. The Assistant Commissioner of Police, Podhanur Region, Coimbatore District, Coimbatore.

3. The Inspector of Police, Podhanur Police Station, Coimbatore District.

(Crime No.1314/2021)

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Ponraj, Advocate, S.R.No.5866 CRL.O.P.No.2021 of 2022 AD(CO) KKV/01/02/2022 https://hcservices.ecourts.gov.in/hcservices/