Madras High CourtCRL OP/17291/2021disposed of

Senthilkumar v. The State Rep By

2021-09-22Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.17291 of 2021 Senthilkumar ... Petitioner

Versus

1. State Rep. by The Deputy Superintendent of Police, Thiruvarur Division, Thiruvarur.

2. The Inspector of Police, Koothanallur Police Station, Thiruvarur District.

(Crime No.432 of 2021) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned I Additional District Sessions Court (PCR) Judge, Thanjavur to consider the bail petition preferred by the petitioner upon his surrender in Crime No.432 of 2021 on the file of the first respondent police on the same day.

For Petitioner :

Mr.Swami Subramanian For Respondent :

Mr.R.Vinoth Raja Government Advocate [Crl. Side]

O R D E R

This Criminal Original Petition is filed to direct the learned I Additional District Sessions Court (PCR) Judge, Thanjavur to consider the bail petition preferred by the petitioner upon his surrender in Crime No.432 of 2021 on the file of the first respondent police on the same day. 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 https://hcservices.ecourts.gov.in/hcservices/

receipt of a copy of this order and on such surrender, the learned I Additional District Sessions Court (PCR) Judge, Thanjavur, 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(CCC) //True Copy// Sub Assistant Registrar ah To

1. The I Additional District Sessions Judge, I Additional District Sessions Court (PCR) Judge, Thanjavur.

2. The Deputy Superintendent of Police, Thiruvarur Division, Thiruvarur.

3. The Inspector of Police, Koothanallur Police Station, Thiruvarur District.

4. The Public Prosecutor, High Court, Madras.

+1CC to Mr.Swami Subramanian, Advocate, Sr.No.48417 CRL.O.P.No.17291 of 2021 KK (CO) K.RK. (22.09.2021) https://hcservices.ecourts.gov.in/hcservices/