Dinesh Kumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.05.2021

CORAM

THE HONOURABLE Mr.JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8541 of 2021 1.Dinesh Kumar 2.Palanisamy 3.Saraswathy ..Petitioners/Accused 1to3 Vs.

State rep.by Inspector of Police, All Women Police Station, Ramanathapuram, Coimbatore.

Cr.NO.3/2021.

.. Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Coimbatore to consider the bail application on the same day on surrender of the petitioner in Crime NO.3/2021 on the file of the respondent Police. For Petitioners: Mr.R.Nalliyappan For Respondent : Ms.Saradha Government Advocate

O R D E R

Heard the learned counsels on either side. The petitioners are figuring as accused in Cr.No.3 of 2021, registered on the file of the respondent Police for the commission of offences under Section 417, 313, 506 (ii) IPC and 66 E Information Technology Act, 2000 r/w 3(1) (r) (s), 3(2) (Va) of SC/ST Act, 1989.

2. The learned counsel appearing for the petitioners states that the petitioners' want is that the bail petition should be disposed of on the same day on surrender of the petitioner in Cr.No.3/2021, on the file of the respondent Police https://hcservices.ecourts.gov.in/hcservices/

3.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 Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Coimbatore, shall deal with the matter on the same day on merits and in accordance with law. The notice to the victim under Section 15(A) of the SC/ST Act can be issued in advance by informing their date of surrender by the petitioner. The postal receipt and the acknowledgement card / returned cover shall be enclosed with the surrender petition. Notice shall be sent by the petitioners to the last known correct address of the victim.

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

-s/dVaction Officer/Assistant Registrar True Copy Sub-Assistant Registrar sk/mtl To 1.The Principal Sessions Judge and Special Judge, for Prevention of SC & ST Atrocities Act, Coimbatore.

2. The Inspector of Police, All Women Police Station, Ramanathapuram, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.8541 of 2021 AD(CO) EU 6.5.2021 https://hcservices.ecourts.gov.in/hcservices/