Madras High CourtCRL OP/417/2024disposed of

K.Selvakumar v. The State Rep.By

2024-01-10Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.1.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH K.Selvakumar

...Petitioner

Vs.

1.The State rep.by the Deputy Superintendent of Police, Udumalpet Police Station, Udumalpet, Tiruppur District.

2.The Inspector of Police, Udumalpet Police Station, Tiruppur District.

3.Kumar

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the Principal District & Sessions Judge for SC/ST Act, Tiruppur to consider the anticipatory bail/bail application of the petitioner on merits on the same day of his surrender in connection with Crime No.728 of 2023 on the file of the second respondent police.

1/4

For Petitioner :

Mr.P.Srinivasan For R1 & R2 :

Mr.A.Damodaran, APP

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, Tiruppur to consider the bail application of the petitioner on the same day of his surrender in Crime No.728 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 2/4

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 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, Tiruppur.

2.The Deputy Superintendent of Police, Udumalpet Police Station, Udumalpet, Tiruppur District.

3.The Inspector of Police, Udumalpet Police Station, Tiruppur District.

4.The Public Prosecutor, High Court, Madras.

gm N.ANAND VENKATESH,J 3/4

gm 10.1.2024 4/4