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Madras High CourtCRL OP/14047/2018disposed of

Mahalakshmi, F/A 42 Years, v. The State Rep By Its,

2018-05-25Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.05.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.14047 of 2018 Mahalakshmi ... Petitioner/Accused No.2 Vs.

State, rep. by The Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai.

...Respondent/Complainant

PRAYER: The Criminal Original Petition has been filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Court, Chengalpattu (Special Judge for S.C. & S.T. Act) to consider the petitioner's surrender and pass favourable orders on the bail application filed by the petitioner on the same day in connection with Crime No.48 of 2016, on the file of Inspector of Police, W-35, all Women Police Station, Tambaram. For Petitioner : Mr.V.T.Balaji For Respondent : Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the Principal District and Sessions Court, Chengalpattu (Special Judge for S.C. & S.T. Act) to consider his surrender and pass appropriate orders on the bail application filed by the petitioner on the same day in connection with Crime No.48 on the file of respondent Police.

2. Heard both sides.

3. 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 https://hcservices.ecourts.gov.in/hcservices/

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 Court, Chengalpattu (Special Judge for S.C. & S.T. Act) is directed to consider the bail application filed by the petitioner in connection with Crime No.48 , on merits and in accordance with law, after issuing notice to the defacto complainant/victim under Section 15(A) of the SC/ST Act.

4. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IV) //True copy// Sub Assistant Registrar sk/kak To

1. The Principal District and Sessions Judge, Chengalpattu (Special Judge for S.C. & S.T. Act)

2. The Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.VT.Balaji, Advocate SR.No.34198 Crl.O.P.No.14047 of 2018 VGI(CO) GN(01/06/2018) https://hcservices.ecourts.gov.in/hcservices/