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Madras High CourtCRL OP/12209/2021disposed of

Udhayakumar v. State By

2021-07-15Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.12209 of 2021 1.Udhayakumar, S/o, Late Sekar 2.Vasanthi, W/o, Late Sekar 3.Ashwini, D/o, Late Sekar 4.Vijayakumar, S/o, Late Sekar (Crime No.11/2021)

...Petitioners

Versus

State by The Inspector of Police, All Women Police Station, Ranipet District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court Constituted under S.C. & S.T. (Prevention of Atrocities Act, (Principal Sessions Judge), Vellore to consider their bail application on their surrender on the same day in respect of Crime No.11 of 2021 on the file of the respondent police. For Petitioners : Mr.B.Kumarasamy For Respondent : Mr.E.Raj Thilak Government Advocate, (Criminal Side)

ORDER

This petition has been filed seeking a direction, to direct the learned the Special Judge, Special Court Constituted under S.C. & S.T. (Prevention of Atrocities Act, (Principal Sessions Judge), Vellore to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.11 of 2021 on the file of the respondent police. https://hcservices.ecourts.gov.in/hcservices/

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, Special Court Constituted under S.C. & S.T. (Prevention of Atrocities Act, (Principal Sessions Judge), Vellore, 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.

s/d- Assistant Registrar(LOK ADALAT) True Copy Sub-Assistant Registrar mfa To

1. The Special Judge, Special Court Constituted under S.C. & S.T.

(Prevention of Atrocities Act, (Principal Sessions Judge), Vellore.

2. The Inspector of Police, All Women Police Station, Ranipet District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Kumarasamy, Advocate, Sr.No.33610 CRL.O.P.No.12209 of 2021 JP II (CO) KKV/30/07/2021 https://hcservices.ecourts.gov.in/hcservices/