A Single Judge Bench of the Madras High Court, comprising of Justice G.R. Swaminathan, has in the case of Dinesh Kumar v. State rep. by Inspector of Police, instructed the petitioner to surrender on the date which was notified to him in advance in compliance with the amendment in SC/ST Atrocities Act, 1989.
The Bail petition will be dealt with by the Magistrate on the same day looking into the merits of the case, the Court observed.
“The notice to the victim under Section 15(A) of the SC/ST Act can be issued in advance by informing their date of surrender by the petitioner.”
Background of the Case
In this case, an FIR was registered against the Petitioners for the commission of offenses under Section 417, 313, 506 (ii) IPC and 66 E Information Technology Act, 2000 r/w 3(1) (r) (s), 3(2) (Va) of SC/ST Act, 1989. The Petitioner had applied for bail.
Therefore, this Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Coimbatore to consider the bail application on the same day on surrender of the petitioner in Crime NO.3/2021 on the file of the respondent Police.
Reasoning and Decision of the Court
The Court took note of the amendment in SC/ST Atrocities Act 1989 and held that the usual directions that were issued by this Court cannot be issued routinely in all cases. The petitioners were 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 Judge and Special Judge for Prevention of SC & ST Atrocities Act, Coimbatore, shall deal with the matter on the same day on merits and in accordance with the law.
The postal receipt and the acknowledgment card/ returned cover shall be enclosed with the surrender petition. Notice shall be sent by the petitioners to the last known correct address of the victim.
Therefore, the Court disposed of the petition without imposing any cost on it.
Case Details
Case: - Crl.O.P.No.8541 of 2021
Petitioner: - Dinesh Kumar
Respondent: - State rep.by Inspector of Police
Counsel for Petitioner: - Mr.R.Nalliyappan
Counsel for Respondent: - Ms.Saradha
Judge: Justice G.R. Swaminathan
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