Madras High Court
Boopalan vs State Rep. By on 16 September, 2021
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
CRL.O.P.No.16546 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.16546 of 2021
1.Boopalan
2.Balaji ... Petitioners
Versus
State Rep. by
The Inspector of Police,
All Women Police Station
Thiruppathur,
Thiruppathur District. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the learned Special Court for
Exclusive Trial of SC/ST (POA) Act, Vellore, Vellore District to consider
the petitioner's bail application on the same day of their surrender in
Crime No.8 of 2021 pending on the file of the Inspector of Police, All
Women Police Station, Thiruppathur, Thiruppathur District.
For Petitioners : Mr.E.Kannadasan
Page No.1 of 4
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.16546 of 2021
For Respondent : Mr.A.Damodharan,
Additional Public Prosecutor
*****
ORDER
This Criminal Original Petition is filed to direct the learned Special Court for Exclusive Trial of SC/ST (POA) Act, Vellore, Vellore District to consider the petitioner's bail application on the same day of their surrender in Crime No.8 of 2021 pending on the file of the Inspector of Police, All Women Police Station, Thiruppathur, Thiruppathur District.
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 petitioners are 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 Judge, Special Court for SC/ST (POA) Act, Vellore, Vellore Page No.2 of 4 https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.16546 of 2021 District, 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 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.
16.09.2021 Index: Yes/No Internet: Yes/No ah To
1.The Sessions Judge, Special Court for SC/ST (POA) Act, Vellore, Vellore District.
2.The Inspector of Police, All Women Police Station Thiruppathur, Thiruppathur District.
3.The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR, J.
ah Page No.3 of 4 https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.16546 of 2021 CRL.O.P.No.16546 of 2021 16.09.2021 Page No.4 of 4 https://www.mhc.tn.gov.in/judis/