Madras High CourtCRL OP/7979/2021disposed of

Kutty @ Pown Kumar v. The Deputy Superintendent Of Police

2021-04-28Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.7979 of 2021 1.Kutty @ Pown Kumar 2.Janarthanan ... Petitioners

Versus

1.The Deputy Superintendent of Police, Thiruvannamalai Town Sub-Division, Thiruvannamalai District.

2.State By, The Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District.

Crime No.2946 of 2020.

3.Parasuraman ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) to consider the bail application of the petitioners on the same day in the event of surrender by the petitioners and seeks bail in Crime No.2946 of 2020 pending on the file The Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District.

For Petitioners:

Mr.S.Silambu Selvan For R1 and R2 :

Mr.M.Mohamed Riyaz, Additional Public Prosecutor *****

ORDER

This Criminal Original Petition has been filed seeking a direction, to direct the learned Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) to accept the surrender of the petitioners herein concerned in Crime No.2946 of 2020 on the file of the 2nd respondent Police and consider the bail petition 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. https://hcservices.ecourts.gov.in/hcservices/

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 Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15-3(A) of the SC/ST Act.

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

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vv2 To 1.The Principal District Sessions Court, (Special Court for SC/ST POA Act Cases), Thiruvannamalai.

2.The Deputy Superintendent of Police, Thiruvannamalai Town Sub-Division, Thiruvannamalai District.

3.The Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Silambu Selvan, Advocate SR.No. 26075 CRL.O.P.No.7979 of 2021 UM(CO) A.SK(09.07.2021) https://hcservices.ecourts.gov.in/hcservices/