Madras High CourtCRL OP/1536/2019disposed of

Sumathi v. The Inspector Of Police

2019-01-23Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.1536 of 2019 1.Sumathi 2.Rathinambal ... Petitioners Vs.

State Rep. by The Inspector of Police, Kanjikoil Police Station, Erode District.

... Respondent Prayer: Criminal Original petition filed under Section 482 of the Criminal Procedure Code, to direct the learned District and Sessions Judge, Erode, to consider the Bail Application to be filed by the petitioners on their surrender, on the same day, and pass orders on merits in the said petition, pending investigation in Crime No.6 of 2019 on the file of the Inspector of Police, Kanjikoil Police Station, Erode District. For Petitioners : Mr.S.Kaithamalai Kumaran For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction, directing to the learned District and Sessions Judge, Erode, to consider the Bail Application to be filed by the petitioners on their surrender, on the same day, and pass order on merits in the said petition, pending investigation in Crime No.6 of 2019 on the file of the Inspector of Police, Kanjikoil Police Station, Erode District.

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 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 Special Judge 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) of the SC/ST Act. https://hcservices.ecourts.gov.in/hcservices/

3. This Criminal Original Petition is disposed of with the above directions.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar dss To

1. The District and Sessions Judge, Erode.

2. The The Inspector of Police, Kanjikoil Police Station, Erode District.

3. The Public Prosecutor, Madras High Court.

+1 CC to Mr.S.Kaithamalai Kumaran, Advocate sr 5099. Crl.O.P.No.1536 of 2019 KJI(CO) SP(25/01/2019) https://hcservices.ecourts.gov.in/hcservices/