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Madras High CourtCRL OP/15918/2021disposed of

Johnson v. State By

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.15918 of 2021

1. Johnson.

2. Wilson.

... Petitioners.

Versus

1. The Deputy Superintendent of Police, Tiruchengode, Namakkal District.

2. The Inspector of Police, Pallipalayam Police Station, Pallipalayam, Namakkal District.

Crime No.551 of 2021

3. Jayakumar.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal Sessions Special Court for SC and ST Act, Namakkal to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.551 of 2021 on the file of the 2nd respondent police.

For Petitioners :

Mr.C.Prakasam.

For Respondents :

Mr.A.Damodharan, for R1 & R2 Counsel for Government of Tamil Nadu (Crl.Side)

ORDER

This petition has been filed seeking a direction, to direct the Principal Sessions Special Court for SC and ST Act, Namakkal to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.551 of 2021 on the file of the 2nd 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 Principal Sessions Special Court for SC and ST Act, Namakkal 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-III) // True Copy // Sub Assistant Registrar mpl To 1.The Principal Session Judge for SC & ST Act, Namakka.

2. The Deputy Superintendent of Police, Tiruchengode, Namakkal District.

3. The Inspector of Police, Pallipalayam Police Station, Pallipalayam, Namakkal District.

4.

The Public Prosecutor, High Court, Madras.

+1CC to M/s.C.Prakasam, Advocate, SR.No. 45298 CRL.O.P.No.15918 of 2021 KSM(CO) B.VC (17/09/2021) https://hcservices.ecourts.gov.in/hcservices/