Kuriakose Karikatt v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.1.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Kuriakose Karikatt

...Petitioner

Vs.

State by The Inspector of Police, Chetpet Police Station, Tiruvannamalai District.

...Respondent

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the learned Principal District & Sessions Judge, Tiruvannamalai under the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to consider the bail application on the same day of his surrender in Crime No.529 of 2023 on the file of Chetpet Police Station, Thiruvannamalai District - the respondent herein. For Petitioner :

Mr.S.Senthilnathan For Respondent :

Mr.A.Damodaran, APP 1/5

2/5

ORDER

This Criminal Original Petition has been filed seeking to direct the Principal District & Sessions Court and Special Court for Exclusive Trial of Cases under the SC/ST (Prevention of Atrocities) Act, Tiruvannamalai to consider the bail application of the petitioner on the same day of his surrender in Crime No.529 of 2023 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 learned Special Judge 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 3/5

Act.

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

05.1.2024 Note : Issue on 08.1.2024 Index : Yes/No Speaking Order : Yes/No To 1.The Principal District & Sessions Court/ Special Court for Exclusive Trial of Cases under the SC/ST (Prevention of Atrocities) Act, Tiruvannamalai.

2.The Inspector of Police, Chetpet Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

gm 4/5

N.ANAND VENKATESH,J gm 05.1.2024 5/5