Kaliappan v. 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.Kaliappan 2.Pattu 3.Mala 4.Murugan ... Petitioners Vs.

1.The Deputy Superintendent of Police, Harur, Dharmapuri District.

2.State of Tamil Nadu rep.by The Inspector of Police, Gobinathampatti Police Station, Dharmapuri District.

3.Uma ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, pleased to direct the Principal District cum Sessions Judge, Dharmapuri for prevention of SC/ST Atrocities to accept the surrender of the petitioner in Crime No.127 of 2024 (On the file of the The Inspector of Police, Gobinathampatti Police Station, Dharmapuri District) and consequently consider the petitioner's bail application on the same day. For Petitioners : Mr.J.Pradeep 1/4

For R1 & R2 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

Heard, the learned counsel on either side. The petitioners are figuring as Accused 3 to 6 in Crime No.127 of 2024, on the file of the respondent police, for the offences under Sections 147, 294(B), 323, 506(i) IPC, and Sections 3(i) (r), 3(1)(s) & 3(2) (va) 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 Principal District cum Sessions Judge, Dharmapuri for prevention of SC/ST Atrocities, 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 petitioners. The postal receipt and the acknowledgement 2/4

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 Index : Yes/No rpl To 1.The Principal District cum Sessions Judge, Dharmapuri for prevention of SC/ST Atrocities 2.The Deputy Superintendent of Police, Harur, Dharmapuri District.

3.The Inspector of Police, Gobinathampatti Police Station, Dharmapuri District.

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

G.R.SWAMINATHAN,J 3/4

rpl 17.01.2025 4/4