Madras High CourtCRL OP/30260/2018disposed of

Moorthy @ Siva Kumar v. State Rep. By

2018-12-21Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2018 CORAM :

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.30260 of 2018 Moorthy @ Siva Kumar ... Petitioner Vs.

State Rep by:

The Inspector of Police, Nambiyur Police Station, Erode District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, directing the learned Principal Sessions Cum P.C.R. Judge, Erode (Special Court For S.C. and S.T.Act) to consider the bail application on his surrender filed by the petitioner in connection with the above Crime No.424 of 2018 on the file of the respondent the Inspector of Police, Nambiyur Police Station, Erode District on the same day.

For Petitioner : Mr.M.Sunil Raja For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct the learned Principal Sessions Cum P.C.R. Judge, Erode (Special Court For S.C. and S.T.Act) to consider the bail application of the petitioner in Crime No.424 of 2018.

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 Cum P.C.R. Judge, Erode (Special https://hcservices.ecourts.gov.in/hcservices/

Court For S.C. and S.T.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) of the SC/ST Act.

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

rpl Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Principal Sessions cum P.C.R.Judge, Spl.Court for SC & ST Act, Erode.

2. The Inspector of Police, Nambiyur Police Station, Erode District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Sunilraja, Advocate, S.R.No.89395 Crl.O.P.No.30260 of 2018 SAI(CO) KAK(09/01/2019) https://hcservices.ecourts.gov.in/hcservices/