Madras High CourtCRL OP/1526/2022disposed of

Venkateshkumar v. The State Rep By

2022-01-28Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.1526 of 2022 1.Venkateshkumar 2.Karthikeyan @ Karthi 3.Rajasekar@Rajasekaran 4.Rani 5.Latha@Bakiyalakshmi 6.Radha ... Petitioners

Versus

STATE by The Inspector of Police, C4, Rathinapuri Police Station, Coimbatore District.

(Crime No.1454 of 2021) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court constituted under SC/ST [Prevention of Atrocities] Act, [Principal Sessions Judge], Coimbatore to consider their bail application on their surrender on the same day in respect of Crime No.1454 of 2021 on the file of the Respondent Police. For Petitioners:

Mr.Gopalakrishnan For Respondent :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction, to direct the Special Court constituted under SC/ST [Prevention of Atrocities] Act, [Principal Sessions Judge], Coimbatore to consider their bail application on their surrender on the same day in respect of Crime No.1454 of 2021 on the file of the 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 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 or after commencement of normal functioning of the Court, which ever is later and on such surrender, the Principal Sessions Judge, Special Court constituted under SC/ST [Prevention of Atrocities Act], Coimbatore, 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 (3) of the SC/ST Act.

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

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar arr To 1.The Principal Sessions Judge, Special Court constituted under S.C./S.T.

(Prevention of Atrocities Act), Coimbatore.

2. The Inspector of Police, C4, Rathinapuri Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Kumarasamy, Advocate Sr.5355 CRL.O.P.No.1526 of 2022 pvs[co] srg 28/01/2022