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Madras High CourtCRL OP/21647/2021disposed of

Maragatham v. State Rep By

2021-11-23Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.21647 of 2021 Maragatham ...

Petitioner

Versus

1. The State Rep.by The Inspector of Police, Thiruverkadu Police Station, Thiruverkadu, Tiruvallur District, (Cr.No.1375 of 2021)

2. The Assistant Commissioner of Police, Poonthamallee, Tiruvallur District.

... Respondents PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to direct the Learned Principal District and Sessions Judge (Special Court for SC/ST Act), Thiruvallur, to accept the Surrender of the petitioner in connection with Crime No.1375/2021 pending investigation on the file of the 2nd respondent police and to consider and pass orders in the petitioner's bail application on the same day of her surrender before the Court.

For Petitioner :

Mr.K.Rajan For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned Principal District and Sessions Judge (Special Court for SC/ST Act), Thiruvallur, to accept the Surrender of the petitioner in connection with Crime No.1375/2021 pending investigation on the file of the 2nd respondent police and to consider and pass orders in the petitioner's bail application on the same day of her surrender before the Court. 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, of course after commencement of https://hcservices.ecourts.gov.in/hcservices/

normal functioning of the Court, which ever is later and on such surrender, the the Learned Principal District and Sessions Judge (Special Court for SC/ST Act), Thiruvallur, 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 sms To

1. The Learned Principal District and Sessions Judge (Special Court for SC/ST Act), Thiruvallur.

2. The State Rep.by The Inspector of Police, Thiruverkadu Police Station, Thiruverkadu, Tiruvallur District, (Cr.No.1375 of 2021)

3. The Assistant Commissioner of Police, Poonthamallee, Tiruvallur District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Rajan, Advocate, S.R.No.60394 CRL.O.P.No.21647 of 2021 JP-II(CO) CT 02/12/2021 https://hcservices.ecourts.gov.in/hcservices/