Madras High CourtCRL OP/18973/2021disposed of

Palanisamy v. The State Rep By

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.18973 of 2021 Palanisamy ... Petitioner/ Accused (Sole)

Versus

1. State represented by The Inspector of Police, Moolanur Police Station, Tiruppur District, in Crime No.631 of 2021

2. Deputy Superintendent of Police, Dharapuram Sub Division, Tiruppur District.

3. Udhayakumar ... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District Judge, (Special Court for SC/ST (PA) Act 1989), Tiruppur to accept the surrender of the petitioner in connection with Crime No.631 of 2021 on the file of the respondent, Moolanur Police Station, Tiruppur District on the file of the respondent to consider the bail petition filed by the petitioner on the same day in accordance with law. For Petitioner :

Mr. P. Kalimuthu For Respondents:

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

ORDER

This petition has been filed seeking a direction, to direct the learned Principal District Judge, Special Court for SC/ST (PA) Act 1989, Tiruppur to accept the surrender of the petitioner and consider the petitioner's bail application on the same day in Crime No.631 of 2021 on the file of the first 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 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 or after commencement of normal functioning of the Court, which ever is later and on such surrender, the learned Principal District Judge, Special Court for SC/ST (PA) Act 1989, Tiruppur, 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(CS) //True Copy// Sub Assistant Registrar mrp To

1. The Principal District Judge, Special Court for SC/ST (PA) Act 1989, Tiruppur

2. The Inspector of Police, Moolanur Police Station, Tiruppur District, in Crime No.631 of 2021

3. The Deputy Superintendent of Police, Dharapuram Sub Division, Tiruppur District.

4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.18973 of 2021 SRA(CO) A.SK(20.10.2021) https://hcservices.ecourts.gov.in/hcservices/