Madras High CourtCRL OP/15915/2021disposed of

G.Palanisamy v. The Inspector Of Police

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.15915 OF 2021

1. G.Palanisamy.

2. Amudha.

3. P.Arivalagan.

... Petitioners

Versus

1. The Inspector of Police, Vikravandi Police Station, Villupuram District - 605602.

(Crime No.41 of 2021)

2. The Deputy Superintendent of Police, The Deputy Superintendent of Police Office, Villupuram Taluk and District, Pin: 605602.

... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge, Special Court for Exclusive Trial of cases registered under the Scheduled castes and Scheduled Tribes (Provisions of Atrocities) Act, 1989 Villupuram District to consider the petitioners' bail application on the same day in Crime No.41 of 2021 on the file of the 1st respondent police. For Petitioners :

Mr.S.Chinnasamy 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, Special Court for Exclusive trial of cases registered under the Scheduled Castes and Scheduled Tribes (Provisions of Atrocities) Act, 1989 to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.41 of 2021 on the file of the 1st respondent police.

https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, Special Court for Exclusive trial of cases registered under the Scheduled Castes and Scheduled Tribes (Provisions of Atrocities) Act, 1989 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 II) //True Copy// Sub Assistant Registrar mpl To

1. The Sessions Judge, Special Court for SC/ST (POA)Act, Villupuram.

2. The Inspector of Police, Vikravandi Police Station, Villupuram District - 605602.

(Crime No.41 of 2021)

3. The Deputy Superintendent of Police, The Deputy Superintendent of Police Office, Villupuram Taluk and District, Pin:605602.

4. The Public Prosecutor, High Court, Madras-104.

CRL.O.P.No.15915 of 2021 KSM(CO) CS/17/09/2021 https://hcservices.ecourts.gov.in/hcservices/