Madras High CourtCRL OP/19978/2021disposed of

M.Cithaiyan v. State Rep By

2021-10-26Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.19978 of 2021 M.Cithaiyan ... Petitioner/Accused

Versus

1. The State Rep. by Deputy Superintendent of Police, Salem, Salem District.

2. State Rep. by The Inspector of Police, Tholasampatty Police Station, Salem District.

(Crime No.214 of 2021) ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, Salem (Special Judge for SC/ST Act Cases) to consider the petitioner's bail application to be filed on the same day on his surrender in Crime No.214 of 2021, on the file of the Inspector of Police, Tholasampatty Police Station, Salem District.

For Petitioner :

Mr.C.Prabakaran For Respondents :

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

ORDER

This petition has been filed seeking a direction, to direct the learned Principal District and Sessions Judge, Salem (Special Judge for SC/ST Act Cases) to consider the petitioner's bail application to be filed on the same day on his surrender in Crime No.214 of 2021, on the file of the Inspector of Police, Tholasampatty Police Station, Salem District. https://hcservices.ecourts.gov.in/hcservices/

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 Principal District and Sessions Judge, (Special Judge), SC/ST Act cases, Salem 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(CS VI) //True Copy// Sub Assistant Registrar DRM/DNA To

1. The Principal District and Sessions Judge, (Special Judge) SC/ST Act Cases, Salem District.

2. The Deputy Superintendent of Police, Salem, Salem District.

3. The Inspector of Police, Tholasampatty Polie Station, Salem District.

(Crime No.214 of 2021)

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Prabakaran, Advocate, S.R.No. 55133 CRL.O.P.No.19978 of 2021 SJ (CO) TE (27/10/2021) https://hcservices.ecourts.gov.in/hcservices/