This Criminal Original Petition sought directions to accept the petitioners' surrender and proceed with bail in an SC/ST Atrocities case. The Court issued directions for surrender within two weeks and processing on merits after victim notice.
Directing petitioners to surrender within two weeks; Special Court to consider bail on surrender day after victim notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2021
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.6438 of 2021
1.Santhosh
2.Latha 3.Kamaraj @ Palanivel .. Petitioners Vs. State by Rep.by Sub Inspector of Police, Portonovo Police Station, Cuddalore District. .. Respondent (Crime No.63 of 2021)
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the District and Sessions Judge (Special Court under SC & ST Atrocities Act) at Cuddalore, Cuddalore District to accept the surrender of the petitioners herein concerned in Crime No.63 of 2021, on the file of Inspector of Police, Portonovo Police Station, Cuddalore District and consider the Bail application on the same day itself.
For Petitioners: Mr.K.Balu
For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor O R D E R
This petition has been filed seeking to direct the District and Sessions Judge (Special Court under SC & ST Atrocities Act) at Cuddalore, to consider the Bail application of the petitioners concerned in Crime No. 63 of 2021, on the file of Inspector of Police, Portonovo Police Station, Cuddalore District on their surrender on the same day.
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 Principal District and Sessions Judge (Special Court under SC & ST Atrocities Act) Cuddalore, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victim under Section 15 (A) of the SC/ST Act.
-s/d-
Assistant Registrar(CS-I)
True Copy
Sub-Assistant Registrar
KP
To
1.The Sub Inspector of Police,
Portonovo Police Station,
Cuddalore District.
2. District and Sessions Judge
(Special Court under SC & ST Atrocities Act) at Cuddalore,
Cuddalore District
3. The Public Prosecutor,
High Court, Madras.
+1 CC to Mr.K.Balu, Advocate sr 21639.
Crl.O.P.No.6438 of 2021 KV(CO) SP(01/04/2021)
1 issue framed by the court
Whether the High Court can issue directions regarding bail surrender in cases under the SC/ST Atrocities Act given recent amendments.
2 provisions across 2 enactments
Santhosh
Latha Kamaraj
Palanivel
The State by Rep. by Sub Inspector of Police
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
