R.Prem Kumar v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.9891 of 2021 1.R.Prem Kumar, S/o.Ranganathan 2.M.Santosh Kumar, S/o.Mani @ Gundumani 3.M.Sarath Kumar, S/o.Manoharan ... Petitioners
Versus
1.The State Represented by, The Deputy Superintendent of Police, Harur, Dharmapuri District.
Crime No.102 of 2021 2.The State Represented by, The Inspector of Police, Kambainallur Police Station, Dharmapuri District.
Crime No.102 of 2021.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act cases/learned Principal District and Sessions Judge, Dharmapuri, to consider the bail petitions of the petitioners on the same day of their surrender in Crime No.102 of 2021, pending investigation on the file of the respondent police.
For Petitioners:
Mr.Arun Anbumani For Respondents:
Mr.A.Damodaran, Government Advocate (Crl.Side)
ORDER
This petition has been filed seeking a direction, to direct the learned Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act cases/learned Principal District and Sessions Judge, Dharmapuri, to accept the surrender of the petitioners herein concerned in Crime No.102 of 2021 on the file of Inspector of Police, https://hcservices.ecourts.gov.in/hcservices/
Kambainallur Police Station, Dharmapuri District 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. 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 functioning of the Court, which ever is later and on such surrender, the learned Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act cases/learned Principal District and Sessions Judge, Dharmapuri, 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. 3.
This Criminal Original Petition is disposed of with the above directions.
dna/gv -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1.The Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act cases/learned Principal District and Sessions Judge, Dharmapuri, 2.The Deputy Superintendent of Police, Harur, Dharmapuri District.
Crime No.102 of 2021 3.The Inspector of Police, Kambainallur Police Station, Dharmapuri District.
Crime No.102 of 2021.
4.The Public Prosecutor, High Court, Madras.
CRL.O.P.No.9891 of 2021 RK(CO) EU 7.6.2021 https://hcservices.ecourts.gov.in/hcservices/