Madras High CourtCRL OP/17203/2021disposed of

Sakthivel v. 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.17203 OF 2021 Sakthivel ... Petitioner/Accused

Versus

State Rep. by The Inspector of Police, Mailam Police Station, Villupuram District.

(in Crime No.777 of 2021) ... Respondent/Respondent PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, Villupuram, Villupuram District (Special Judge for SC/ST POA Act Court), to consider the petitioner's bail application on the same day of him surrender in connection with Crime No.777 of 2021 on the file of the Inspector of Police, Mailam Police Station, Villupuram District. For Petitioner : Mr.V.S.Gopu 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 Principal District and Sessions Judge, Villupuram, Villupuram District (Special Judge for SC/ST POA Act Court), to consider the petitioner's bail application on the same day of him surrender in connection with Crime No.777 of 2021 on the file of the Inspector of Police, Mailam Police Station, Villupuram 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 https://hcservices.ecourts.gov.in/hcservices/

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, Villupuram, Villupuram District (Special Judge for SC/ST POA Act Court), 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 V) //True Copy// Sub Assistant Registrar ah To

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

2. The Inspector of Police, Mailam Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Arivazhagan, Advocate, S.R.No.48336 CRL.O.P.NO.17203 OF 2021 EV(CO) PBS/22/09/2021 https://hcservices.ecourts.gov.in/hcservices/