Madras High CourtCRL OP/23341/2021disposed of

M. Sarojini v. The Deputy Superindent Of Police,

2021-12-09Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.23341 of 2021 M. Sarojini ... Petitioner

Versus

1. State Rep. By The Deputy Superintendent of Police, Coimbatore City, Tamil Nadu.

2. The Inspector of Police, Race Course Police Station, Coimbatore City.

(Crime No.642 of 2021) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct Principal District and Sessions Judge, Coimbatore to accept the surrender of the petitioner in connection with Crime No.642 of 2021 on the file of the Respondent Race Course Police Station, Coimbatore City on the same day of filing and to consider the Anticipatory bail petition filed by the petitioner on the same day of filing. For Petitioner :

Mr.J.Kingsly Solomon For Respondents :

E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the learned Principal District and Sessions Judge, Coimbatore to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner surrender in connection with Crime No.642 of 2021 pending investigation 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 were issued https://hcservices.ecourts.gov.in/hcservices/

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 Principal District and Sessions Judge, Coimbatore shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15A (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(CCC) //True Copy// Sub Assistant Registrar mfa To 1.The Principal District and Sessions Judge, Coimbatore.

2.The Deputy Superintendent of Police, Coimbatore City, Tamil Nadu.

3.The Inspector of Police, Race Course Police Station, Coimbatore City.

4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.23341 of 2021 AK(CO) KM(09/12/2021) https://hcservices.ecourts.gov.in/hcservices/