Madras High CourtCRL OP/14456/2021disposed of

Saikannan v. The State Rep By

2021-08-18Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.14456 of 2021 Saikannan ... Petitioner

Versus

The State rep. by The Sub-Inspector of Police, Karimangalam Police Station, Dharmapuri District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the District and Sessions Court, Dharmapuri(special Judges for SC & ST Act), to consider his surrender and pass appropriate orders on the bail application filed by the petitioner on the same day in connection with Crime No.404 of 2021 on the file of the respondent police.

For Petitioner :

Mr. M. Jayachandran For Respondent :

Mr.A.Damodharan, Gov. Advocate (Crl.Side)

ORDER

This petition has been filed seeking a direction, to direct the learned District and Sessions Court (Special Judge for SC and ST Act), Dharmapuri, to consider the petitioner bail application on the same day in Crime No.404 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 petitioner is 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 District and Sessions Judge(Special Judge https://hcservices.ecourts.gov.in/hcservices/

for SC/ST Act cases), Dharmapuri, 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(CO) //True Copy// Sub Assistant Registrar mrp To

1. The District and Sessions Judge, (Special Judge for SC/ST Act), Dharmapuri.

2. The Public Prosecutor, High Court, Madras.

3. The Sub-Inspector of Police, Karimangalam Police Station, Dharmapuri District.

+1CC to Mr.M.Jayachandran, Advocate, Sr.No.44941 (07.09.2021) CRL.O.P.No.14456 of 2021 PMK (CO) K.RK. (03.09.2021) https://hcservices.ecourts.gov.in/hcservices/