Madras High CourtCRL OP/131/2024disposed of

Athimoolam v. Deputy Superintendent Of Police

2024-01-05Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.1.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Athimoolam

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Neyveli, Cuddalore District.

2.The Inspector of Police, Kullanchavadi Police Station, Cuddalore District.

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the learned Sessions Judge/ Special Court for Exclusive Trial of Cases registered under the SC/ST Atrocities Act at Cuddalore, Cuddalore District to accept the surrender of the petitioner herein concerned in Crime No.398 of 2023 on the file of the Inspector of Police, Kullanchavadi Police Station, Cuddalore District and consider the petition seeking direction invoking the inherent jurisdiction. 1/4

For Petitioner :

Mr.K.Vijayakumar For Respondents :

Mr.A.Damodaran, APP

ORDER

This Criminal Original Petition has been filed seeking to direct the Sessions Court/Special Court for Exclusive Trial of Cases under the SC/ST (Prevention of Atrocities) Act, Cuddalore, Cuddalore District to consider the bail application of the petitioner on the same day of his surrender in Crime No.398 of 2023 on the file of the second 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 2/4

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.

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 Sessions Court/Special Court for Exclusive Trial of Cases under the SC/ST (Prevention of Atrocities) Act, Cuddalore, Cuddalore District.

2.The Deputy Superintendent of Police, Neyveli, Cuddalore District.

3.The Inspector of Police, Kullanchavadi Police Station, Cuddalore District.

4.The Public Prosecutor, High Court, Madras.

gm 3/4

N.ANAND VENKATESH,J gm 05.1.2024 4/4