Madras High CourtCRL OP/2118/2022disposed of

D.Sakthivel v. The 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.2118 of 2022 D.Sakthivel

...Petitioner/Accused

Versus

The State rep. by its The Inspector of Police, Udayarpalayam Police Station, Ariyalur (District), CrimeNo. 412/2021.

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to pass an order directing the learned Principal District and Sessions Judge, Ariyalur, to accept the surrender of the petitioner herein and consider the bail petition concerned in FIR/Crime No.412 of 2021 on the file of the Inspector of Police, Udayarpalayam Police Station, Ariyalur District on the same day itself.

For Petitioner :

Mr.Vijaya and Anandh For Respondent :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to pass an order directing the Principal District and Sessions Judge, Ariyalur, to accept the surrender of the petitioner herein and consider the bail petition concerned in FIR/Crime No.412 of 2021, on the file of the Inspector of Police, Udayarpalayam Police Station, Ariyalur District, on the same day itself.

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 learned the Principal District and Sessions Judge, Ariyalur, https://hcservices.ecourts.gov.in/hcservices/

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 Principal District and Sessions Judge, Ariyalur, 2.The Inspector of Police, Udayarpalayam Police Station, Ariyalur (District), CrimeNo. 412/2021.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.Vijaya & Anandh, Advocate Sr.No. 9300(28/02/2022) CRL.O.P.No.2118 of 2022 CNR(CO) SP(01/02/2022) https://hcservices.ecourts.gov.in/hcservices/