Madras High CourtCRL OP/15448/2021disposed of

S.Ganapathyraman v. The Assistant Commissioner Of Police,

2021-09-23Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.15448 of 2021 S.Ganapathyraman

...Petitioner / Sole Accused

Versus

1.The Assistant Commissioner of Police, Kutchery Road, Mylapore, Chennai - 600 004.

2.The State rep. by the Inspector of Police, E-1, Mylapore Police Station, Mylapore, Chennai.

3.Praveen Kumar

...Respondents / Complainants

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the learned Principal District and Sessions Judge, Chennai to consider the bail application on the same day in connection with Crime No.937 of 2021, on the file of the Inspector of Police, E-1, Mylapore Police Station, Mylapore, Chennai.

For Petitioner :

Mr.S.Nagarajan For R1 & R2 :

Mr.R.Vinoth Raja Government Advocate [Crl. Side] For R3 :

Mr.M.Govindaraju

O R D E R

This Criminal Original Petition is filed to direct the learned Principal District and Sessions Judge, Chennai to consider the bail application on the same day in connection with Crime No.937 of 2021, on the file of the Inspector of Police, E-1, Mylapore Police Station, Mylapore, Chennai. 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 and on such surrender, the learned Principal District and Sessions Judge, Chennai, shall deal with the matter on the same day on merits and in https://hcservices.ecourts.gov.in/hcservices/

accordance with law, after issuing notice to the victims under Section 15-A (3) of the SC/ST Act. It makes it clear that without going into the merits of this case, this Court is inclined to dispose the matter and it is for the trial Court to decide the case on its own merit.

3.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar ah To 1.The Principal District and Sessions Judge, Chennai 2.The Assistant Commissioner of Police, Kutchery Road, Mylapore, Chennai - 600 004.

3.The Inspector of Police, E-1, Mylapore Police Station, Mylapore, Chennai.

4.The Public Prosecutor, High Court, Madras.

+1cc to M/s.S.Nagarajan, Advocate, S.R.No.48730 CRL.O.P.No.15448 of 2021 VG-II(CO) RVM(23/09/2021) https://hcservices.ecourts.gov.in/hcservices/