R.Krishnamoorthy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.17554 OF 2021 R.Krishnamoorthy, S/o. Raji ... Petitioner

Versus

State rep. by

1. The Deputy Superintendent of Police, Athur Sub-Division, Salem Dt.

2. The Inspector of Police, Thammampatty Police Station, Salem Dt.

(Crime No.158 of 2019)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District Judge, Salem to recall the non-bailable warrant issued against the petitioner in Spl.S.C.No.4 of 2021 dated 07.04.2021 on the file of Principal District Court, Salem.

For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.R.Vinothraja Govt. Advocate (Crl. Side)

ORDER

(This case has been heard through video conference) The petitioner/accused in Crime No.158 of 2019 for offences under Sections 506(1), 420 I.P.C. r/w 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 would

submit that in the F.I.R., the first accused name was mentioned as Moorthi of Ranganathapuram, Thuraiyur Taluk, Trichy District. The petitioner was neither arrested nor there was any apprehension of arrest. Hence, the petitioner has not obtained any bail in this case. Thereafter, now the petitioner comes to know that charge sheet filed, which was taken on file in Spl.S.C.No.4 of 2021. In the charge sheet, on 06.03.2021 the learned Principal District and Sessions Judge, Salem taken the case on file and issued non-bailable warrant to the petitioner recording that A1 was absconding.

2. The learned counsel appearing for petitioner would submit that the petitioner was very much available in the said address and he never absconded. He would also submit that the F.I.R. registered on 12.11.2019, the case was taken on file, final report made ready on 10.06.2020 and cognizance was taken on 06.03.2021. During this period, the petitioner was very much available in the said address and he was not absconding.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that in this case, learned Principal District Judge, Salem, on perusal of materials, finding that the petitioner absconded, issued nonbailable warrant. As per SC/ST (Prevention of Atrocities) Amendment Act, notice ought to be given to the defacto complainant/victim and to be heard in any petition. In view of notice to be issued to the petitioner, he filed a petition before the lower court seeking to recall non-bailable warrant.

4. 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 receipt of a copy of this order or after commencement of normal functioning of the Court, which ever is later and on such surrender, the learned Principal District Judge, Salem 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.

5. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar rpp/nr To

1. The Principal District Judge, Salem.

2. The Deputy Superintendent of Police, Athur Sub-Division, Salem Dt.

3. The Inspector of Police, Thammampatty Police Station, Salem Dt.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate, S.R.No.51002 CRL.O.P.No.17554 of 2021 PMK(CO) RLP(13/10/2021)