← Library
Madras High CourtCRL OP/455/2024disposed of

Madhesh v. The Deputy Superintedent Of Police

2024-01-11Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.1.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH 1.Madhesh 2.Pachiyappan 3.Maharaja (a) Palani 4.Madhu 5.Pachiappan 6.Singaravel

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Palacode, Dharmapuri District.

2.The Sub-Inspector of Police, Kariamangalam Police Station, Dharmapuri District.

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the District & Sessions Court, (Special Judge for SC/ST Act), Dharmapuri to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.448 1/4

of 2023 on the file of the respondent police. For Petitioners :

Mr.P.M.Jayachandran For Respondents :

Mr.A.Damodaran, APP

ORDER

This Criminal Original Petition has been filed seeking to direct the District & Sessions Court (Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act, Dharmapuri to consider the bail application of the petitioners on the same day of their surrender in Crime No.448 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. Hence, 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 2/4

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 said Act.

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

11.1.2024 Note : Issue on 12.1.2024 Index : Yes/No Speaking Order : Yes/No To 1.The District & Sessions Court (Special Court for Exclusive Trial of Cases registered under the SC/ST (Prevention of Atrocities) Act, Dharmapuri.

2.The Deputy Superintendent of Police, Palacode, Dharmapuri District.

3/4

N.ANAND VENKATESH,J rka 3.The Sub-Inspector of Police, Kariamangalam Police Station, Dharmapuri District.

4.The Public Prosecutor, High Court, Madras.

11.1.2024 4/4