Madras High CourtCRL OP/19923/2021disposed of

K.Dhanalakshmi v. State Rep By

2021-10-28Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.19923 of 2021 K. Dhanalakshmi .. Petitioner/Accused No.2

Versus

State by:

1.The Deputy Superintendent of Police, Perur Sub Division, Coimbatore.

2. The Inspector of Police, Perur Police Station, Coimbatore .. Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District and Sessions Judge, Coimbatore to consider the bail application of the petitioner on the same day favorably in the event of her surrender in Crime No.363 of 2021 on the file of the respondent registered for offences under Section 294(b), 323, 506(ii) IPC r/w 3(1)(r), 3(1)(s) SC/ST (Prevention of Atrocities) Amendment 2015.

For Petitioners : Mr.K. Balasubramaniam For Respondents : Mr.R.Vinothraja, Government Advocate (crl.side)

ORDER

This petition has been filed seeking a direction, to direct the Principal District and Sessions Judge, Coimbatore to accept the surrender of the petitioner and consider the petitioner's bail application on the same day in Crime No.363 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 petitioner is directed to surrender before the trial Court within a period of two weeks from the date of https://hcservices.ecourts.gov.in/hcservices/

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 Principal District and Sessions Judge, Coimbatore, 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-CCC) // True Copy // Sub Assistant Registrar mrp To

1. The Principal District and Sessions Judge, Coimbatore.

2. The Deputy Superintendent of Police, Perur Sub Division, Coimbatore.

3. The Inspector of Police, Perur Police Station, Coimbatore

4. The Public Prosecutor, High Court, Madras.

+1CC to M/s.K.Balasubramaniam, Advocate, SR.No. 55691 CRL.O.P.No.19923 of 2021 MG(CO) B.VC (29/10/2021) https://hcservices.ecourts.gov.in/hcservices/