Madras High CourtCRL OP/17165/2021disposed of

Kumar 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.17165 of 2021 Kumar ... Petitioner

Versus

State Rep. by The Inspector of Police, E-5, Sholavaram Police Station, Thiruvallur District.

(Crime No.744 of 2011) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, Thiruvallur (Special Judge for SC/ST Act Cases), to consider the petitioner's bail application to be filed on the same day on their surrender in Crime No.744 of 2011 pending investigation on the file of the respondent.

For Petitioner :

Mr.A.P.Sathiyamurthy 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, Thiruvallur (Special Judge for SC/ST Act Cases), to consider the petitioner's bail application to be filed on the same day on their surrender in Crime No.744 of 2011 pending investigation on the file of the respondent.

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 receipt of a copy of this order and on such surrender, the learned Principal District and Sessions Judge, Thiruvallur (Special Judge for SC/ST Act Cases), 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 https://hcservices.ecourts.gov.in/hcservices/

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 Principal District and Sessions Judge, Thiruvallur (Special Judge for SC/ST Act Cases). 2.The Inspector of Police, E-5, Sholavaram Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.17165 of 2021 LM(CO) KM(22/09/2021) https://hcservices.ecourts.gov.in/hcservices/