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Madras High CourtCRL OP/22746/2018disposed of

Sumathi v. The State Of Tamil Nadu,

2018-09-242 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2018

CORAM:

The Hon'ble Mr.Justice P.RAJAMANICKAM CRL.O.P.No.22746 of 2018 Sumathi .. Petitioner Vs.

The State of Tamilnadu Rep.by the Inspector Of Police, Vikravandi Police Station, Villupuram District.

(Crime No.545 of 2018) .. Respondent PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. seeking for a direction to the Court of Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Schedule Caste and Schedule Tribe Prevention of Atrocities Act, 1989, Villupuram to consider the bail application of the petitioner on the same day of her surrender in Crime No.545 of 2018 on the file of the Vikravandi Police Station.

For Petitioner :

Mr.M.Devaraj For Respondent :

Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, praying to direct the learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Schedule Caste and Schedule Tribe Prevention of Atrocities Act, 1989, Villupuram, to consider the bail application on the same day in the event of her surrender in connection with Crime No.545 of 2018 on the file of the respondent police.

2.Heard both sides.

3.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 Sessions https://hcservices.ecourts.gov.in/hcservices/

Judge, Special Court for Exclusive Trial of Cases registered under the Schedule Caste and Schedule Tribe Prevention of Atrocities Act, 1989, Villupuram, is directed to consider the bail petition filed by the petitioner in connection with Crime No.545 of 2018, on merits and in accordance with law, after issuing notice to the defacto complainant/victim under Section 15(A) of the SC/ST Act.

4.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS ii) //True Copy// Sub Assistant Registrar vv/vsn To

1. The Sessions Judge, Special court for exclusive trial of cases under Sc/st Preventionof Atrocities Act Villupuram

2. The Inspector Of Police, Vikravandi Police Station, Villupuram District.

3. The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr.M.DEVARAJ , Advocate SR.No. 65726 CRL.O.P.No.22746 of 2018 ASK(25/09/2018) https://hcservices.ecourts.gov.in/hcservices/