Buvaneswari v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.20014 OF 2021 Buvaneswari, D/o. N. Selvaraj

...Petitioner

Versus

1.State rep. by The Superintendent of Police (East), Puducherry.

2.The Inspector of Police, Orleanpet Police Station, Puducherry.

(Crime No.166 of 2021)

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to pass an order of direction, directing the Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities Act, 1989 Amendment 2015), to entertain the bail application of the petitioner on the same day and release the petitioner on bail pending investigation in Crime No.166 of 2021 on the file of respondent police subject to any condition as the trial court in accordance with law. For Petitioners :

Mr.A.Ramesh For Respondents :

Mr.V.Balamurugane, Public Prosecutor (Puducherry)

ORDER

(This case has been heard through video conference) This petition has been filed seeking a direction, to direct the learned Special Court for Schedule Caste and Schedule

Tribes (Prevention of Atrocities) Act Cases, Puducherry to accept the surrender of the petitioner and consider the petitioner's bail application on the same day in Crime No.166 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 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 Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act cases, Puducherry, 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-III) // True Copy // Sub Assistant Registrar rpp To 1.The Special Judge, Special Court for Exclusive Trial of Schedule Caste and Schedule Tribes Act Cases, Puducherry.

2.The Superintendent of Police (East), Puducherry.

3.The Inspector of Police, Orleanpet Police Station, Puducherry.

4.The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Sankarasubbu, Advocate SR.No.55512 CRL.O.P.No.20014 of 2021 NK(CO) RVM(10/11/2021)