Madras High CourtCRL OP/20558/2021disposed of

Mageshwari v. The State Repby

2021-11-12Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.20558 OF 2021 Mageshwari ... Petitioner/4th Accused

Versus

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

2. The Inspector of Police, Konganapuram Police Station, Salem District.

(Crime No.274 of 2021) ... Respondents/Complainants PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal Session Judge, Salem to accept the surrender of the petitioner herein, before him in connection with Cr.No.274/2021 on the file of the 2nd respondent police and consider her bail petition on the same day itself.

For Petitioner :

Mr.G.Anabaya Chozhan For Respondents :

Mr.R.Vinothraja, Counsel for Government of Tamil Nadu (Crl.Side)

ORDER

This petition has been filed seeking a direction, to direct the learned Principal Session Judge, Salem to accept the surrender of the petitioner and consider the petitioner's bail application on the same day in Crime No.274 of 2021 on the file of the second 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 https://hcservices.ecourts.gov.in/hcservices/

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 Session Judge, Salem 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 dna/mpl To

1. The Principal Session Judge, Salem.

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

3. The Inspector of Police, Konganapuram Police Station, Salem District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Anabaya Chozhan, Advocate, S.R.No.58278 CRL.O.P.No.20558 of 2021 AKII(CO) PM/12/11/2021 https://hcservices.ecourts.gov.in/hcservices/