Madras High CourtCRL OP/13361/2021disposed of

Palanisamy @ Pazhanisami Kandhasami v. State Rep By

2021-08-04Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.13361 of 2021

1. Palanisamy @ Pazhanisami Kandhasami S/o Kandasamy Gounder

2. Prakash, S/o, Palanisamy

3. Jaganathan @ Kaliyannan S/o, Kandasamy Gounder

4. Kannan S/o, Jaganathan @ Kaliyannan

...Petitioners

Versus

The State represented by The Sub Inspector of Police, Vaazhapadi Police Station, Salem District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue direction to the Principal and District Sessions Court, Salem to consider the petitioners' bail application on their surrender in Crime No.380 of 2021 on the file of the respondent police on the very same day.

For Petitioners: Mr.P.Sengottuvel For Respondent : Mr.A.Damodaran Government Advocate, (Criminal Side)

ORDER

This petition has been filed seeking a direction, to direct the learned the Principal and District Sessions Court, Salem to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.380 of 2021 on the file of the second 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 Principal and District Sessions Court, 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. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mfa To

1. The Principal and District Sessions Judge, Principal and District Sessions Court, Salem.

2. The Sub Inspector of Police, Vaazhapadi Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.13361 of 2021 SPD(CO) RGA(18/08/2021) https://hcservices.ecourts.gov.in/hcservices/