Madras High CourtCRL OP/14774/2021disposed of

Sudhakar v. The State Rep By

2021-08-24Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.14774 of 2021

1. Sudhakar S/o. Sundaram

2. Sudhakar S/o.Nagaraj

3. Vasu, S/o. Chandran

4. Vichur Kannan @ Kannan, S/o. Munusamy ... Petitioners/1 to 4 Accused

Versus

State rep. by Inspector of Police, Sholavaram Police Station, Tiruvallur District.

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned District and Sessions Judge, (Specail Court under SC & ST Atrocities Act) at Tiruvallur, Tiruvallur District to accept the surrender of the petitioners herein concerned in Crime No.1221 of 2021 on the file of Inspector of Police, Sholavaram Police Station, Tiruvallur District and consider the bail petition on the same day itself.

For Petitioners :

Mr. K.Balu For Respondents :

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

ORDER

(This case has been heard through video conference) This petition has been filed seeking a direction, to direct the learned District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Tiruvallur, Tiruvallur District, to https://hcservices.ecourts.gov.in/hcservices/

accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.1221 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 learned District and Sessions Judge, (Special Court under SC & ST Atrocities Act), Tiruvallur, Tiruvallur District, 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 IV) //True Copy// Sub Assistant Registrar rpp/rgi To

1. The District and Sessions Judge, (Special Court under SC & ST Atrocities Act), Tiruvallur, Tiruvallur District.

2. The Inspector of Police, Sholavaram Police Station, Tiruvallur District.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr. K.Balu, Advocate, Sr.No.42373 CRL.O.P.No.14774 of 2021 SSD (CO) PM (09/09/2021 https://hcservices.ecourts.gov.in/hcservices/