Madras High CourtCRL OP/19738/2021disposed of

Jayakandan v. The State Rep By

2021-10-25Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.19738 of 2021 1.Jayakandan 2.Arivazhagan 3.Saravanan 4.Chanakiyan 5.Maniyarasan 6.Prabhu

...Petitioners/Accused 1 to 6

Versus

1. State Represented by:- The Deputy Superintendent of Police, Mannargudi Sub-Division, Thiruvarur District.

2. The Inspector of Police Mannargudi Town Police Station, Thiruvarur District, Crime No.1515 of 2021.

...Respondents/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Learned 1st Additional District Sessions Court (PCR) Judge, Thanjavur to consider the bail petition preferred by the petitioners upon their surrender in Crime No.1515 of 2021 on the file of the 1st respondent police on the same.

For Petitioners :

Mr.Swami Subramanian For Respondents :

Mr.R.Vinothraja, Government Advocate (crl.side)

ORDER

This petition has been filed seeking a direction, to direct the 1st Additional District Sessions Court (PCR) Judge, Thanjavur to accept the surrender of the petitioners and https://hcservices.ecourts.gov.in/hcservices/

consider the petitioners' bail application on the same day in Crime No.1515 of 2021 on the file of the second 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 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, 1st Additional District Sessions Court (PCR) Judge, Thanjavur, 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-IV) //True Copy// Sub Assistant Registrar mpl To

1. 1st Additional District Session Court (PCR) Judge, Thanjavur.

2. The Deputy Superintendent of Police, Mannargudi Sub-Division, Thiruvarur District.

3. The Inspector of Police Mannargudi Town Police Station, Thiruvarur District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.Swamisubramanian, Advocate, S.R.No.54408 CRL.O.P.No.19738 of 2021 SR-II(CO) RGA(25/10/2021) https://hcservices.ecourts.gov.in/hcservices/