Madras High CourtCRL OP/23888/2021disposed of

Habiburrahman v. The Assistant Commissioner

2021-12-15Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.23888 of 2021 Habiburrahman ... Petitioner/Accused

Versus

1. The Assistant Commissioner Nallur Circle, Tiruppur.

2. The State rep.by The Inspector of Police, Nallur Police Station, Tiruppur City, Crime No.1586 of 2021.

... Respondents/Complainants PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to direct the Principal District & Sessions Judge, Tiruppur and Special Court for SC & ST Act to consider the bail application of the petitioner on the date of surrender before the Court in connection with crime No.1586 of 2021 on the file of the respondents police. For Petitioner :

Mr.K.Sudhakar For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal District & Sessions Judge, Tiruppur and Special Court for SC & ST Act to consider the bail application of the petitioner on the date of surrender before the Court in connection with crime No.1586 of 2021 on the file of the respondents 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 https://hcservices.ecourts.gov.in/hcservices/

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 normal functioning of the Court, which ever is later and on such surrender, the Principal District & Sessions Judge, Tiruppur and Special Court for SC & ST Act, 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 Principal District & Sessions Judge, Tiruppur and Special Court for SC & ST Act, Tiruppur.

2. The Assistant Commissioner Nallur Circle, Tiruppur.

3. The Inspector of Police, Nallur Police Station, Tiruppur City, Crime No.1586 of 2021.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Sudhakar, Advocate, S.R.No.67141 CRL.O.P.No.23888 of 2021 GPL(CO) SU(27/12/2021) https://hcservices.ecourts.gov.in/hcservices/