Madras High CourtCRL OP/15870/2021disposed of

Sabarinathan@Savarinathan v. The State Rep By

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.15870 of 2021 1.Sabarinathan @ Savarinathan.

2.Prakash.

3.Boss @ Mani Bharathi.

4.Dinesh @ Dineshkumar.

... Petitioners

Versus

The State by The Inspector of Police, Viruthachalam Police Station, Cuddalore District - 606 003.

Crime No.684 of 2021 ... 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), Cuddalore to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.684 of 2021 on the file of the respondent police.

For Petitioners:

Mr.K.Balaji For Respondents:

Mr.A.Damodharan, Counsel for Government of Tamil Nadu (Crl.Side)

ORDER

This petition has been filed seeking a direction, to direct the Special Court constituted under S.C. & S.T (Prevention of Atrocities) Act, (Principal Sessions Judge), Cuddalore to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.684 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 normal functioning of the Court, which ever is later and on such surrender, the Special Court constituted https://hcservices.ecourts.gov.in/hcservices/

under S.C. & S.T (Prevention of Atrocities) Act, (Principal Sessions Judge), Cuddalore 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-III) //True Copy// Sub Assistant Registrar Mpl To 1.The Special Court for SC & ST (Prevention of Atrocities) Act, Principal Sessions Judge, Cuddalore.

2.The Inspector of Police, Viruthachalam Police Station, Cuddalore District - 606 003.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Balaji, Advocate, S.R.No.45174 CRL.O.P.No.15870 of 2021 MSM(CO) GN(17/09/2021) https://hcservices.ecourts.gov.in/hcservices/