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Madras High CourtCRL OP/11861/2021disposed of

Arul @ Arulkumar v. State Rep.By Its

2021-07-09Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2021

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P No.11861 of 2021 Arul @ Arulkumar S/o.Subramani ... Petitioner/Sole Accused Vs.

State by rep.by The Inspector of Police Karumalaikoodal Police Station Salem District.

... Respondent/Complainant Cr.No.77 of 2021 PRAYER: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to issue directions, directing the learned Principal District Judge, Salem cum Special Judge under SC & ST (P.A) Act, Salem to consider the bail application of the petitioner on his surrender in connection with the case in Crime No.77 of 2021 pending on the file of the Inspector of Police, Karumalaikoodal police station, Salem District on the same day. For Petitioner : Mr.K.Senthilkumar For Respondent : Mr.A.Damodaran Government Advocate (Crl. Side)

ORDER

(This case has been heard through video conference) This Criminal Original Petition has been filed seeking to issue a direction, directing the learned Principal District Judge, Salem cum Special Judge under SC & ST (P.A) Act, Salem to consider the bail application of the petitioner on his surrender in connection with the case in Crime No.77 of 2021 pending on the file of the Inspector of Police, Karumalaikoodal police station, Salem District on the same day.

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

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, whichever is later and on such surrender, the learned Principal District Judge, Salem cum Special Judge under SC & ST (P.A) Act, 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. With the above directions, this Criminal Original Petition stands disposed of .

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kas To.

1.

The Principal Distrit Judge, Salem Cum Special Judge, Under SC & ST (PA) Act, Salem.

2.

The Inspector of Police Karumalaikoodal Police Station Salem District.

3.

The Public Prosecutor High Court of Madras Chennai 600 104 Crl.O.P No.11861 of 2021 SKY(CO) PM(28/07/2021) https://hcservices.ecourts.gov.in/hcservices/