Rathinasamy @ Nagarathinam v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl. O.P.No.917 of 2024 1.Rathinasamy @ Nagarathinam, S/o.Kumarasamy 2.Damotharan @ Dhanasekaran, S/o.Kanthasamy .. Petitioners Vs.

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

2.The State represented by, Inspector of Police, Kangeyam Police Station, Tiruppur District.

(Crime No.614 of 2023) ..Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Learned Principal District and Sessions Judge/Special Courts 1/5

for SC/ST Cases, Tiruppur to consider the bail application of the petitioners herein on the very day of surrender pertaining to the Crime No.614 of 2023 on the file of the Kangeyam Police Station, Tiruppur District by appreciating the above stated facts and circumstances. For Petitioner : Mr.Guruprasad For Respondent : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed seeking a direction, directing the Principal District and Sessions Judge/Special Courts for SC/ST Cases, Tiruppur, to consider the bail application filed by the petitioners on the date of their surrender in Crime No.614 of 2023 on the file of the respondents on the same day.

2.

In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, this 2/5

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 victims under Section 15 (A) of the SC/ST Act.

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

19.01.2024 Index : Yes/No Internet : Yes/No rka Note : Issue order copy on 22.01.2024 To

1. Principal District and Sessions Judge/Special Courts for SC/ST Cases, Tiruppur 2..The Deputy Superintendent of Police, Tiruppur District, Tiruppur.

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3.The State represented by, Inspector of Police, Kangeyam Police Station, Tiruppur District.

4.The Public Prosecutor, High Court of Madras, Madras.

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N.ANAND VENKATESH, J rka 19.01.2024 5/5