Madras High CourtCRL OP/23562/2021disposed of

T.Soorya v. The Station House Officer

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.23562 of 2021 T.Soorya ... Petitioner/Accused No.5

Versus

State Rep. by The Station House Officer, PCR Cell Police Station, Puducherry.

(Crime No.31 of 2020) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned II Additional District Sessions Judge, Puducherry to consider the petitioner's bail application on the very same day in Crime No.31 of 2020 pending on the file of the respondent police. For Petitioner :

Mr.K.Sasindran For Respondent :

V.Balamurugane Public Prosecutor (Pondicherry)

O R D E R

This Criminal Original Petition is filed to direct the learned II Additional District Sessions Judge, Puducherry, to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner surrender in connection with Crime No.31of 2020 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 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 II Additional District Sessions Judge, Puducherry, 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 https://hcservices.ecourts.gov.in/hcservices/

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 VI) //True Copy// Sub Assistant Registrar mfa To 1.The II Additional District Sessions Judge, Puducherry.

2.The Station House Officer, PCR Cell Police Station, Puducherry.

3.The Public Prosecutor, Puducherry.

+1cc to Mr.K.Sasindran, Advocate, S.R.No.65202 CRL.O.P.No.23562 of 2021 NMI(CO) KM(09/12/2021) https://hcservices.ecourts.gov.in/hcservices/