A.Balaji v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.2110 of 2022 1.A.Balaji 2.M.Suresh 3.Jeevanandham 4.S.Vasanth 5.Elumalai 6.Venkadesan 7.Ezhil@Ezhilmaran

...Petitioners

Versus

1.The State rep. by The Deputy Superintendent of Police, Villupuram & District.

2.The Inspector of Police, Kandachipuram Police Station, Villupuram District.

Crime No.34/2022.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction directing the learned Special Court for Exclusive Trial of cases registered under SC/ST (POA) Act, Villupuram District to consider on the same day, the bail application of the petitioners on their surrender in connection with Crime Numbers 34/2022 on the file of the second respondent herein. For Petitioners :

Mr.G.Mageshkumar For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to issue a direction directing the learned Special Court for Exclusive Trial of cases registered under SC/ST (POA) Act, Villupuram District to consider on the same day, the bail application of the petitioners on their surrender in connection with Crime Numbers 34/2022, on the file of the second respondent herein. https://hcservices.ecourts.gov.in/hcservices/

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 and on such surrender, the learned Special Court for Exclusive Trial of cases registered under SC/ST (POA) Act, Villupuram District, 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. It makes it clear that without going into the merits of this case, this Court is inclined to dispose the matter and it is for the trial Court to decide the case on its own merit.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sli To 1.The Deputy Superintendent of Police, Villupuram & District.

2.The Inspector of Police, Kandachipuram Police Station, Villupuram District.

Crime No.34/2022.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Magesh Kumar, SR.NO.5966 CRL.O.P.No.2110 of 2022 AD(CO) KKV/01/02/2022 https://hcservices.ecourts.gov.in/hcservices/