Madras High CourtCRL OP/24005/2018disposed of

Balasubramaniyan v. Iop Awps Nannilam Tvrur

2018-11-12Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.24005 of 2018 Balasubramaniyam ... Petitioner/Accused -vsState rep. by Inspector of Police, All Women Police Station, Nannilam, Tiruvarur District.

(Crime No.10 of 2018) ... Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of Criminal Procedure Code, seeking a direction, directing to the learned Additional District Judge, Thanjavur for SC/ST Act cases to consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Crime No.10 of 2018 pending investigation on the file of the Respondent.

For Petitioner : M/s.T.Muruganantham For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction, directing to the learned Additional District Judge, Thanjavur for SC/ST Act cases to consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Crime No.10 of 2018 pending investigation on the file of the Respondent.

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

learned Special Judge 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.

3. This Criminal Original Petition is disposed of with the above directions.

-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar To

1. The Additional District Judge SC/ST Act Cases Thanjavur.

2. The Inspector of Police, All Women Police Station, Nannilam, Tiruvarur District.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.T. Muruganantham, advocate sr 77127 CRL.O.P.No.24005 of 2018 SP(13/11/2018) https://hcservices.ecourts.gov.in/hcservices/