Madras High CourtCRL OP/16053/2021disposed of

Amanullah v. The State Rep.By

2021-09-13Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.16053 of 2021

1. Amanullah.

2. Mohammed Kani.

3. Sakhina begum @ Sabeena Banu ...Petitioners/Accused 1 to 3

Versus

The State rep.by The Inspector of Police, Kaikalathur Police Station, (*) Perambalur District.

Crime No.193 of 2021.

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Sessions Judge, Court for SC/ST (POA) Act, Perambalur, Perambalur District to accept the surrender of the petitioners herein and in Crime No.193 of 2021 on the file of the Inspector of the Police, Kaikalathur Police Station, Perambalur District and consider the bail petition on the same day itself.

For Petitioners : Mr.D.Arun.

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 learned Sessions Judge, Court for SC/ST (POA) Act, Perambalur, Perambalur District to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.193 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 https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, Court for SC/ST (POA) Act, Perambalur, Perambalur 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 VI) Dated : 23.09.2021 (*) Amended as per order of the Court dated 11.11.2021 made in Crl.M.P.No.11472/21 in Crl.OP.No.16053/21 Sd/- Assistant Registrar(CS VI) Dated : 18.11.2021 //True Copy// Sub Assistant Registrar mpl To

1. The Sessions Judge, Court of SC/ST(POA) Act, Perambalur, Perambalur District.

To be substitute

2. The Inspector of Police, the Order already Kaikalathur Police Station, (*) Despatched on Perambalur District.

26.10.2021

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Arun., Advocate, S.R.No.46274 CRL.O.P.No.16053 of 2021 GPL[co] NSK 27/09/2021 NSK 23/11/2021 https://hcservices.ecourts.gov.in/hcservices/