Madras High CourtCRL OP/640/2024disposed of

K.V.Boopathi v. The Deputy Superintend Of Police

2024-01-12Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.K.V.Boopathi, S/o.Velusamy 2.J.Dhanapal, S/o.Jeganathan

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Gobichettipalayam, Erode District.

2.State represented by The Inspector of Police, Nambiyur Police Station, Erode District.

(Crime No.5 of 2024)

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the learned Principal District and Sessions Judge/Special Court for SC & ST Act cases, Erode to consider the bail application of the petitioners on the date of surrender before the Court in connection with Crime No.5 of 2024 on the file of the 2nd respondent police.

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For Petitioners : Mr.V.P.K.Gowtham For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

ORDER

This petition has been filed seeking a direction, to direct the learned Principal District and Sessions Judge/Special Court for SC & ST Act cases, Erode to consider the bail application of the petitioners on the date of surrender before the Court in connection with Crime No.5 of 2024 on the file of the 2nd respondent police.

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 Principal District and Sessions Judge/Special Court for SC & ST Act cases, Erode shall deal with the matter on the same day on merits and in 2/4

accordance with law, after issuing notice to the victims under Section 15 (A) of the SC/ST Act.

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

12.01.2024 Index: Yes/No Speaking order/Non-speaking Order ssr/mkn2 Note:Issue Order Copy on 18.01.2024 To 1.The Principal District and Sessions Judge/Special Court for SC & ST Act cases, Erode.

2.The Deputy Superintendent of Police, Gobichettipalayam, Erode District.

3.The Inspector of Police, Nambiyur Police Station, Erode District.

4.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr/mkn2 12.01.2024 4/4