Madras High CourtCRL OP/22741/2021disposed of

C.D.Prabakaran v. The Superintendent Of Police

2021-12-06Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.22741 OF 2021 C.D.Prabakaran ... Petitioner

Versus

State by:

1. The Superintendent of Police, Ranipet District, Ranipet.

2. The Deputy Superintendent of Police, Arakkonam, Ranipet District.

3. The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court for SC and ST Act, Vellore to consider bail petition of the petitioner on same day in Crime No.312 of 2021 pending investigation on the file of the second respondent. For Petitioner :

Mr.C.Chokkalingam For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the Special Court for SC and ST Act, Vellore to consider bail petition of the petitioner on the same day on the event of petitioner surrenders and seeks bail in Crime No.312 of 2021 pending investigation on the file of the second respondent. https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, Special Court for SC and ST Act, Vellore, 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. 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.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ah To

1. The Sessions Judge, Special Court for SC and ST Act, Vellore.

2. The Superintendent of Police, Ranipet District, Ranipet.

3. The Deputy Superintendent of Police, Arakkonam, Ranipet District.

4. The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Chokkalingam, Advocate, S.R.No.63982 CRL.O.P.No.22741 of 2021 SSV(CO) RLP(06/12/2021) https://hcservices.ecourts.gov.in/hcservices/