Madras High CourtCRL OP/10828/2021disposed of

Kulanthaisamy@Kolanthasamy v. State By

2021-06-24Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.10828 of 2021 Kulanthaisamy @ Kolanthasamy ... Petitioner

Versus

State Rep. by The Inspector of Police, Kolathur Police Station, Salem District.

(Crime No.202 of 2021) ... Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned District & Sessions Judge, (Special Court under ST & SC Atrocities Act at Salem, Salem District) to accept the surrender of the petitioners herein concerned in Crime No.202 of 2021 on the file of the Inspector of Police, Kolathur Police Station, Salem District and consider the bail petition on the same day itself. For Petitioner :

Mr.M.R.Jothimanian For Respondent :

Mr.A.Damodharan, Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking a direction, to direct the District & Sessions Judge, (Special Court under ST & SC Atrocities Act) at Salem, to consider his surrender and pass favourable orders on the bail application filed by the petitioner on the same day in connection with Crime No.202 of 2021 on the file of the respondent/Police. 2.In view of the amendments made in the Schedule Castes and the Schedule 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 petitioner is 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 District & Sessions Judge, (Special Court under ST & SC https://hcservices.ecourts.gov.in/hcservices/

Atrocities Act) at Salem, 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 III) //True Copy// Sub Assistant Registrar klt To

1. The District & Sessions Judge, (Special Court under ST & SC Atrocities Act) at Salem,

2. The Inspector of Police, Kolathur Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.R.Jothimanian, Advocate, S.R.No.29291 CRL.O.P.No.10828 of 2021 PCH(CO) HS(15/07/2021) https://hcservices.ecourts.gov.in/hcservices/