Madras High CourtCRL OP/73/2020disposed of

K.Kamalakannan v. The State Rep.By Its

2020-01-06Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.73 of 2020 1.K.Kamalakannan 2.Subramani 3.Rajammal @ Rajam 4.Devi ... Petitioners/Accused Vs.

The State represented by its 1.Assistant Superintendent of Police, Sriperumbudur, Kanchipuram District 2.The Inspector of Police, Manimangalam Police Station, Sriperumbudur Taluk, Kanchipuram District.

(Crime No.374 of 2019).

... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to permit the petitioners to surrender before the Special Court for PCR Cases, Chingleput and may direct the same court to consider the bail petition and enlarge the petitioners/accused on bail on the same day in Crime No.374 of 2019 originally on the file of the second respondent now on the file of the first respondent police. For Petitioners : Mr.R.Sampathkumar For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor * * * * *

O R D E R

This petition has been filed seeking a direction, to permit the petitioners to surrender before the Special Court for PCR Cases, Chingleput and may direct the same court to consider the bail petition and enlarge the petitioners/accused on bail on the same day in Crime No.374 of 2019 originally on the file of the second respondent now on the file of the first respondent police.

2.In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) https://hcservices.ecourts.gov.in/hcservices/

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 Judge, Special Court for PCR Cases, Chingleput 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) of the SC/ST Act.

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

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vv/ah To 1.The Judge, Special Court for PCR Cases, Chingleput District.

2.Assistant Superintendent of Police, Sriperumbudur, Kanchipuram District 3.The Inspector of Police, Manimangalam Police Station, Sriperumbudur Taluk, Kanchipuram District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Dr.R.Sampath kumar , Advocate SR.No. 613 CRL.O.P.No.73 of 2020 A.SK(07/01/2020) https://hcservices.ecourts.gov.in/hcservices/