Senthil Kumar v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.1.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH 1.Senthilkumar 2.Radhika

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Pollachi, Coimbatore District.

2.The Inspector of Police, Anamalai Police Station, Coimbatore District.

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the Principal District & Sessions Judge (Special Court for SC/ST Act Cases), Coimbatore District to accept the surrender of the petitioners along with bail application in Crime No.544 of 2023 on the file of the second respondent police and to consider the bail application on the same day on merits. For Petitioners :

Mr.V.Lakshminarayanan For Respondents :

Mr.A.Damodaran, APP 1/4

ORDER

This Criminal Original Petition has been filed seeking to direct the Principal District & Sessions Court/Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act, Coimbatore District to consider the bail application of the petitioners on the same day of their surrender in Crime No. 544 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 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, after issuing notice to the victim under Section 15(A) of the 2/4

SC/ST Act.

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

10.1.2024 Note : Issue on 11.1.2024 Index : Yes/No Speaking Order : Yes/No To 1.The Principal District & Sessions Court/ Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act, Coimbatore District.

2.The Deputy Superintendent of Police, Pollachi, Coimbatore District.

3.The Inspector of Police, Anamalai Police Station, Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

gm 3/4

N.ANAND VENKATESH,J gm 10.1.2024 4/4