Madras High CourtCRL OP/12239/2021disposed of

Kalpana v. The State Rep.By Its

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.12239 of 2021

1. Kalpana, W/o, Paramasivam

2. Abinesh S/o, Paramasivam ... PetitionersAccused 1 & 2

Versus

The State rep by its The Inspector of Police, Ananthapuram Police Station, Villupuram District.

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction, directing the Special Court for PCR Cases, Villupuram to surrender the petitioners and allow them to file bail petition in Crime No.374 of 2021 dated 05.07.2021 and consider it on the same day. For Petitioners : Mr.E.C.Ramesh 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 for PCR Cases, Villupuram to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.374 of 2021 on the file of the 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 or after commencement of https://hcservices.ecourts.gov.in/hcservices/

normal functioning of the Court, which ever is later and on such surrender, the learned Special Judge, Special Court for PCR Cases, Villupuram, 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 VII) //True Copy// Sub Assistant Registrar mfa To

1. The Special Judge, Special Court for PCR Cases, Villupuram.

2. The Inspector of Police, Ananthapuram Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.C.Ramesh, Advocate, S.R.No.33333 CRL.O.P.No.12239 of 2021 PVS(CO) HS(03/08/2021) https://hcservices.ecourts.gov.in/hcservices/