Madras High CourtCRL OP/11728/2021disposed of

Gnansekaran v. The State Rep. By

2021-07-08Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.11728 of 2021 1.Ganasekaran 2.Muthulakshmi ... Petitioners/Accused .vs.

1.The Stare rep.by Inspector of Police, Vaniyambadi All Women Police Station, Thirupattur District.

... Respondent/Complainant (Crime No.2 of 2021) 2.Priyanka ..Respondent/defacto Complainant Prayer:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District Sessions Judge (Special Court of SC & ST Act) Vellore, Vellore District to consider the bail application on the same on on surrender of the petitioners in Crime No.02 of 2021, on the file of the 1st respondent Police. For Petitioners : Mr.M.Sathish Kumar For Respondents : Mr.A.Damodaran, Government Advocate (Crl.side) for R 1

ORDER

This Criminal Original Petition has been filed seeking a direction, to direct the learned Principal District Sessions Judge (Special Court of SC & ST Act) Vellore, Vellore District to consider the bail application on the same on on surrender of the petitioners in Crime No.02 of 2021, on the file of the 1st respondent Police.

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 https://hcservices.ecourts.gov.in/hcservices/

surrender, the learned Principal District Sessions Judge (Special Court for SC/ST Act), Vellore District,Vellore, 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 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 (CO) //True Copy// Sub Assistant Registrar kp To 1.1.The Stare rep.by Inspector of Police, Vaniyambadi All Women Police Station, Thirupattur District.

2. Principal District Sessions Judge (Special Court of SC & ST Act) Vellore, Vellore District.

3.The Public Prosecutor, High Court, Chennai.

CRL.O.P.No.11728 of 2021 BP(CO) GN(08/07/2021) https://hcservices.ecourts.gov.in/hcservices/