Madras High CourtCRL OP/20373/2021disposed of

R.Harish@Hariharan v. The Deputy Superintendent Of Police

2021-11-02Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.20373 of 2021 1.R.Harish @ Hariharan 2.Venkatesan ... Petitioners/Accused 2 & 3

Versus

1. The Deputy Superintendent of Police, Ariyalur District.

2. The State Rep. by The Sub-Inspector of Police, Ariyalur Police Station, Ariyalur District.

(Crime No.801 of 2021) ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District Sessions Judge, Ariyalur to consider the bail application of the petitioners on the same day of their surrender in Crime No.801 of 2021 on the file of the respondents and pass appropriate orders as deem fit and proper in the circumstances of the case.

For Petitioners : Mr.B.Mahendra Naidu For Respondents : Mr.R.Vinoth Raja Government Advocate [Crl. Side]

O R D E R

This Criminal Original Petition is filed to direct the learned Principal District Sessions Judge, Ariyalur to consider the bail application of the petitioners on the same day of their surrender in Crime No.801 of 2021 on the file of the respondents and pass appropriate orders as deem fit and proper in the circumstances of the case.

2.In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, this https://hcservices.ecourts.gov.in/hcservices/

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 and on such surrender, the learned Principal District Sessions Judge, Ariyalur, 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. It makes it clear that without going into the merits of this case, this Court is inclined to dispose the matter and it is for the trial Court to decide the case on its own merit.

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

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ah To

1. The Principal District Sessions Judge, Ariyalur.

2. The Deputy Superintendent of Police, Ariyalur District.

3. The Sub-Inspector of Police, Ariyalur Police Station, Ariyalur District.

4. The Public Prosecutor, High Court, Madras.

4. The Principal District Sessions Judge, Ariyalur.

+1CC to Mr.B.Mahendra Naidu, Advocate, Sr.No.56972 CRL.O.P.No.20373 of 2021 SRA (CO) K.RK. (02.11.2021) https://hcservices.ecourts.gov.in/hcservices/