Madras High CourtCRL OP/20087/2021disposed of

S.Vijayalakshmi v. The Superintendent Of Police

2021-10-29Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.20087 of 2021 Miss.S.Vijayalakshmi

...Petitioner

Versus

1.The Superintendent of Police, O/o. The Superintendent of Police Office, Namakkal.

2.The State, Rep. by the Inspector of Police, Namakkal Police Station, Namakkal District.

(Crime No.1661 of 2021)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Judge for SC/ST [POA] Act Court, Namakkal, to consider the petitioner and seeks bail in Crime No.1661 of 2021 pending on the file of the respondent police.

For Petitioner : Mr.R.Amardeep For Respondents: Mr.R.Vinoth Raja Government Advocate [Crl. Side]

O R D E R

This Criminal Original Petition is filed to direct the learned Special Judge for SC/ST [POA] Act Court, Namakkal, to consider the petitioner and seeks bail in Crime No.1661 of 2021 pending on the file of the 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 and on such surrender, the learned Special Judge for SC/ST [POA] Act Court, Namakkal, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under https://hcservices.ecourts.gov.in/hcservices/

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.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar ah To

1. The Special Judge for SC/ST (POA) Act, Namakkal.

2. The Superintendent of Police, O/o. The Superintendent of Police Office, Namakkal.

3. The State, Rep. by the Inspector of Police, Namakkal Police Station, Namakkal District.

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.Tamilzh Law firm, Advocate, Sr.No.56148 CRL.O.P.No.20087 of 2021 KKV/29/10/2021 https://hcservices.ecourts.gov.in/hcservices/