V.Sukumaran v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.01.2025

CORAM

THE HONOURABLE Mr.JUSTICE G.R.SWAMINATHAN V.Sukumaran ... Petitioner Vs.

1.The Superintendent of Police, State Bank Road, Gopalapuram, Coimbatore, Tamil Nadu-641018.

2.State Rep.by The Inspector of Police, Anamalai Police Station, Coimbatore District.

Crime No.8 of 2025 3.S.Prabhu ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, pleased to direct the Special Court in the cadre of District Judge for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989), Coimbatore to consider the bail application filed by the petitioner on his surrender in connection with Crime No.8 of 2025 dated 04.01.2025 on the file of the respondent on the same day. For Petitioner : Mr.Abrar Mohamed Abdullah For R1 & R2 : Mr.S.Vinoth Kumar 1/4

Government Advocate (Crl.Side)

O R D E R

Heard, the learned counsel on either side. The petitioner is figuring as Accused in Crime No.8 of 2025, on the file of the respondent police, for the offences under Sections 3(i)(r) & 3(1) (s) 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 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 Special Court in the cadre of District Judge for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989), Coimbatore, 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 his date of surrender by the petitioner. The postal receipt and the acknowledgement card / returned cover shall be enclosed with the surrender petition. Notice 2/4

shall be sent by the petitioner to the last known correct address of the victim.

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

17.01.2025 Index : Yes/No rpl To

1. The Special Court in the cadre of District Judge for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989), Coimbatore 2.The Superintendent of Police, State Bank Road, Gopalapuram, Coimbatore, Tamil Nadu-641018.

3.The Inspector of Police, Anamalai Police Station, Coimbatore District.

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

G.R.SWAMINATHAN,J 3/4

rpl 17.01.2025 4/4