Madras High CourtCRL OP/20492/2021disposed of

Duraisamy v. State Rep By

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.20492 of 2021 1.Duraisamy 2.Periyasamy 3.Susila ... Petitioners/A1 to A3

Versus

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

2.The Inspector of Police, Kunnam Police Station, Perambalur District.

(Crime No.756 of 2021) ... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Judge (Special Court for SC/ST prevention of Atrocities Act), Perambalur, to consider the Bail Application of the petitioners on the same day on their surrender in Crime No.756 of 2021 on the file Kunnam Police Station, Perambalur District.

For Petitioners :

Mr.Selvarangan For Respondents :

Mr.R.Vinoth Raja Government Advocate [Crl. Side] * * * * *

O R D E R

This Criminal Original Petition is filed to direct the Special Judge (Special Court for SC/ST prevention of Atrocities Act), Perambalur, to consider the Bail Application of the petitioners on the same day on their surrender in Crime No.756 of 2021 on the file of the 2nd 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 https://hcservices.ecourts.gov.in/hcservices/

receipt of a copy of this order and on such surrender, the learned Special Judge (Special Court for SC/ST prevention of Atrocities Act), Perambalur 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 VI) //True Copy// Sub Assistant Registrar vm NOTE: ISSUE ORDER COPY ON 11.11.2021 To 1.The Special Judge (Special Court for SC/ST prevention of Atrocities Act), Perambalur.

2.The Deputy Superintendent of Police, Mangalamedu, Perambalur District.

3.The Inspector of Police, Kunnam Police Station, Perambalur District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.K.Selvarangan, Advocate Sr.NO. 58239(22.10.2021) CRL.O.P.No.20492 of 2021 SVI(CO) A.SK(11.11.2021) https://hcservices.ecourts.gov.in/hcservices/