Palani v. State Rep.By The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN

1. Palani

2. Naveen Kumar

3. Rajesh

4. Rani ... Petitioners Vs 1.State represented by The Deputy Superintendent of Police, Uthangarai, Krishnagiri District.

2.The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

3. Naveenkumar ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023 praying to direct the Learned District and Sessions Judge, Krishnagiri, Krishnagiri District to consider the petitioner's bail application on his surrender in Crime No.3/2025 pending investigation on file of the Inspector of Police, Singarapettai Police Station, Krishnagiri District.

For Petitioners : Mr.E.Kannadasan

For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl.side)

ORDER

Heard, the learned counsel on either side. The petitioners are figuring as Accused Nos.1 to 4 in Crime No.3 of 2025, on the file of the respondent police, for the offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1) of BNS, 2023 read with Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Amendment Act, 2015.

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 District and Sessions Judge, Krishnagiri, Krishnagiri District, shall deal with the matter on the same day on merits and in accordance with law. The notice to the victim under Section 15(A) of the SC/ST Act can be issued in advance by informing their date of surrender by the petitioner. The postal receipt and the acknowledgement card / returned cover shall

be enclosed with the surrender petition. Notice shall be sent by the petitioners to the last known correct address of the victim.

3. This Criminal Original Petition is disposed of with the above directions. 17.01.2025 Internet:Yes Index:Yes/no Speaking/Non speaking order mn/rpl

G.R.SWAMINATHAN , J.

mn/rpl To

1. The District and Sessions Judge, Krishnagiri, Krishnagiri District. 2.The Deputy Superintendent of Police, Uthangarai, Krishnagiri District.

3.The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

4. The Public Prosecutor, High Court, Madras.

17.01.2025