Madras High CourtCRL OP/11488/2021disposed of

Devika v. Deputy Superintendent Of Police

2021-07-06Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.11488 of 2021 1.Tmt.Devika 2.Kaliyamoorthy 3.Kannan ... Petitioners .vs.

1.Deputy Superintendent of Police, Pondicherry.

2.State Rep.by Station House Officer (SHO) PCR Cell P.S., Pondicherry ... Respondents (Crime No.02/2021) Prayer:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Court, Pondicherry, to consider the petitioners' bail application on the same day of his surrender and dispose of the same on merits in accordance with law, in respect of the case in Crime No.02 of 2021, on the file of the 2nd respondent.

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For Petitioners : Mr.A.Saranraj For Respondents : Mr.A.Damodaran, Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking a direction, to direct the learned Principal District and Sessions Court, Pondicherry, to consider the petitioners' bail application on the same day of his surrender and dispose of the same on merits in accordance with law, in respect of the case in Crime No.02 of 2021, on the file of the 2nd respondent.

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 and on such surrender, the learned Principal District and Sessions Court, Pondicherry for SC/ST Act cases under SC & ST [Prevention of Atrocities] Act, 1989, shall deal with the matter on the same day on merits and in accordance with law, after Page No.2 of 4

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.

06.07.2021 Index: Yes/No Internet: Yes/No kp Note: Issue order copy on 06.07.2021 To 1.1.Deputy Superintendent of Police, Pondicherry.

2.State Rep.by Station House Officer (SHO) PCR Cell P.S., Pondicherry

3. Principal District and Sessions Court, Pondicherry.

4.The Public Prosecutor, Pondicherry.

M.NIRMAL KUMAR, J.

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kp CRL.O.P.No.11488 of 2021 06.07.2021 Page No.4 of 4