Kaviyarasan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.23214 of 2021 1.Kaviyarasan 2.Ramasamy

...Petitioners/A1 & A2

Versus

State Rep. by The Inspector of Police, Thoothur Police Station, Ariyalur District.

(Crime No.172 of 2021)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, Ariyalur to consider the bail application sympathetically and pass orders on merits on the same day on the petitioners' surrender in connection with Crime No.172 of 2021 pending investigation on the file of the respondent police.

For Petitioners :

Mr.K.Gandhi Kumar For Respondent :

Mr.R.Vinothraja Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the learned Principal District and Sessions Judge, Ariyalur to consider the bail application sympathetically and pass orders on merits on the same day on the petitioners' surrender in connection with Crime No.172 of 2021 pending investigation 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 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 and on such surrender, the https://hcservices.ecourts.gov.in/hcservices/

learned Principal District and Sessions Judge, Ariyalur, 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.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar ah To 1.The Principal District and Sessions Judge, Ariyalur.

2.The Inspector of Police, Thoothur Police Station, Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.K.Gandhi Kumar, Advocate sr 64769. CRL.O.P.No.23214 of 2021 KSM(CO) SP(08/12/2021) https://hcservices.ecourts.gov.in/hcservices/