Madras High CourtCRL OP/2580/2022disposed of

C.James v. State Through

2022-02-04Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.2580 of 2022

1. C.James

2. Anthonisamy

3. Aakash Raj

4. Yuvaraj ... Petitioners/A-1,5,6 & 10

Versus

1. State through, The Sub Inspector of Police, Arumbavoor Police Station, Perambalur (Crime No.19 of 2022) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Hon'ble Special Court for cases under SC/ST Act, Perambalur to consider and pass orders in the bail application to be filed by the petitioner in Crime No:19 of 2022 pending investigation on the file of the respondent on the same day of his surrender.

For Petitioners:Mr.R.Ganesh Kumar For Respondents:Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction, to direct the Hon'ble Special Court for cases under SC/ST Act, Perambalur to consider and pass orders in the bail application to be filed by the petitioner in Crime No:19 of 2022 pending investigation on the file of the respondent on the same day of his surrender.

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 or after commencement of normal https://hcservices.ecourts.gov.in/hcservices/

functioning of the Court, which ever is later and on such surrender, Hon'ble Special Court for cases under SC/ST Act, Perambalur 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.

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

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rap/arr To

1. The Special Court for SC & ST (Prevention of Atrocities) Act Perambalur.

2. The Sub Inspector of Police, Arumbavoor Police Station, Perambalur.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Ganesh Kumar, Advocate Sr.7069 CRL.O.P.No.2580 of 2022 BS(CO) srg 04/02/2022 https://hcservices.ecourts.gov.in/hcservices/