M.Nagarajan v. The 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.19983 OF 2021

1. M. Nagarajan, S/o. Muthusamy

2. R.Muthusamy, S/o. Rangasamy Gounder

3. N.Vijaya, W/o. Nagarajan ... Petitioners

Versus

1. The State rep. by Deputy Superintendent of Police, Sathyamangalam Sub-Division, Erode Dt.

2. The Inspector of Police, Sathyamangalam Police Station, Erode Dt.

(Crime No.538 of 2021) ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District Court, Erode to consider the bail application of the petitioner herein on the very day of surrender pertaining to the Crime No.538 of 2021 on the file of the Sathyamangalam Police Station, Erode District appreciating the above stated facts and circumstances.

For Petitioner :

Mr.C.Ramaraj for Mr.M.Guruprasad.

For Respondents :

Mr.R.Vinothraja, Govt. Advocate (Crl. Side)

ORDER

(This case has been heard through video conference) This petition has been filed seeking a direction, to direct https://hcservices.ecourts.gov.in/hcservices/

the learned Principal District Court, Erode District, to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.538 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 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 Judge, Erode 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 VII) //True Copy// Sub Assistant Registrar rpp To

1. The Principal District Judge, Erode.

2. The Deputy Superintendent of Police, Sathyamangalam Sub-Division, Erode Dt.

3. The Inspector of Police, Sathyamangalam Police Station, Erode Dt.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Guruprasad, Advocate, S.R.No.55513 CRL.O.P.No.19983 of 2021 GPL(CO) PM/12/11/2021 https://hcservices.ecourts.gov.in/hcservices/