Madras High CourtCRL OP/18592/2021disposed of

Sarath @ Sarathkumar v. Inspector Of Police

2021-10-20Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.18592 of 2021 Sarath @ Sarathkumar

...Petitioner

Versus

The Inspector of Police, Arakonam Taluk Police Station, Ranipet District.

(Crime No.271 of 2021)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge, Special Court for Trial of cases under SC/ST (POA) Act, Vellore District, to consider the bail application filed by the petitioner on his surrender in connection with Crime No.271 of2021 on the file of the respondent police, on the same day. For Petitioner :

Mr. G.P.Sivakumar For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking a direction, to direct the Sessions Judge, Special Court for Trial of cases under SC/ST (POA) Act, Vellore District, to accept the surrender of the petitioner and consider the petitioner's bail application on the same day in Crime No.271 of 2021 on the file of the respondent police.

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 or after commencement of normal functioning of the Court, which ever is later and on such surrender, the learned Sessions Judge, Special Court for Trial https://hcservices.ecourts.gov.in/hcservices/

of cases under SC/ST (POA) Act, Vellore District, 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.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp To

1. The Sessions Judge, Special Court for Trial of cases under SC/ST (POA) Act, Vellore District,

2. The Inspector of Police, Arakonam Taluk Police Station, Ranipet District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.18592 of 2021 CP[co] NSK 20/10/2021 https://hcservices.ecourts.gov.in/hcservices/