Madras High CourtCRL OP/16546/2021disposed of

Boopalan v. State Rep By

2021-09-16Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.16546 of 2021 1.Boopalan 2.Balaji ... Petitioners

Versus

State Rep. by The Inspector of Police, All Women Police Station Thiruppathur, Thiruppathur District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Court for Exclusive Trial of SC/ST (POA) Act, Vellore, Vellore District to consider the petitioner's bail application on the same day of their surrender in Crime No.8 of 2021 pending on the file of the Inspector of Police, All Women Police Station, Thiruppathur, Thiruppathur District.

For Petitioners:

Mr.E.Kannadasan For Respondent :

Mr.A.Damodharan, Additional Public Prosecutor * * * * *

O R D E R

This Criminal Original Petition is filed to direct the learned Special Court for Exclusive Trial of SC/ST (POA) Act, Vellore, Vellore District to consider the petitioner's bail application on the same day of their surrender in Crime No.8 of 2021 pending on the file of the Inspector of Police, All Women Police Station, Thiruppathur, Thiruppathur District. 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 https://hcservices.ecourts.gov.in/hcservices/

receipt of a copy of this order and on such surrender, the learned Sessions Judge, Special Court for SC/ST (POA) Act, Vellore, Vellore 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. 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-II) //True Copy// Sub Assistant Registrar ah To 1.The Sessions Judge, Special Court for SC/ST (POA) Act, Vellore, Vellore District.

2.The Inspector of Police, All Women Police Station Thiruppathur, Thiruppathur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.47263 CRL.O.P.No.16546 of 2021 AJS(CO) CB(05/10/2021) https://hcservices.ecourts.gov.in/hcservices/