Madras High CourtCRL OP/111/2024disposed of

Kathavarayan v. The State Rep By

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 1.Kathavarayan 2.Manikandan

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Villupuram, Villupuram District.

2.The Inspector of Police, Kandachipuram Police Station, Villupuram District.

3.Sasikala

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act, Villupuram District to consider, on the same day, the bail application of the petitioners on their surrender in Crime No.383 of 2023 on the file of the second respondent.

1/4

For Petitioners :

Mr.G.Mageshkumar For R1 & R2 :

Mr.A.Damodaran, APP

ORDER

This Criminal Original Petition has been filed seeking to direct the Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act, Villupuram to consider the bail applications of the petitioners in Crime No.383 of 2023 on the file of the second respondent on the same day of their surrender.

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 learned Special Judge shall deal with the matter on the same day on merits and in accordance with law, 2/4

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 Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act, Villupuram.

2.The Deputy Superintendent of Police, Villupuram, Villupuram District.

3.The Inspector of Police, Kandachipuram Police Station, Villupuram District.

4.The Public Prosecutor, High Court, Madras.

gm 3/4

N.ANAND VENKATESH,J gm 05.1.2024 4/4