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Madras High CourtCRL OP/33116/2019allowed

Diviya v. State Rep. By

2019-12-10Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2019

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.33116 of 2019 Diviya

...Petitioner/A4

-VsState Rep. by Deputy Superintendent of Police, Bhavanisagar Police Station, Erode District.

... Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to issue direction to the Learned Principal Sessions Judge, Erode to consider the bail petition of the petitioner on the same day and pass orders in Cr.No.145/2019 on the file of the respondent police. For Petitioner : Mr.S.Parthasarathy For respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the the Learned Principal Sessions Judge, Erode to consider the bail petition of the petitioner on the same day and pass orders in Cr.No.145/2019 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 Principal Sessions Judge, Erode, 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) of the SC/ST Act.

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3. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar dna To

1. The Deputy Superintendent of Police, Bhavanisagar Police Station, Erode District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.Parthasarathy Advocate sr103040 Crl.O.P.No.33116 of 2019 aa11/12/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/