Suresh v. The Superintendent Of Polie,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.01.2025

CORAM

THE HONOURABLE Mr.JUSTICE G.R.SWAMINATHAN Suresh ... Petitioner Vs.

1.The Superintendent of Police, Ariyalur District, Ariyalur.

2.State rep by The Inspector of Police, Jayamkondam Police Station, Ariyalur.

Crime No.328 of 2024 3.Saravanan ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, pleased to direct the learned Principal District and Sessions Judge (SC/ST Court), Ariyalur, to accept surrender and consider the bail application of the petitioner on the same day in crime No.328 of 2024 on the file of the 2nd respondent police.

For Petitioner : Mr.K.Rahul For R1 & R2 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/4

O R D E R

Heard, the learned counsel on either side. The petitioner is figuring as 2nd Accused in Crime No.328 of 2024, on the file of the respondent police, for the offences under Sections 269(b), 118(1), 109(1). 351(3) of BNS Act, 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 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 Principal District and Sessions Judge (SC/ST Court), Ariyalur, 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 shall be sent by the 2/4

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 Principal District and Sessions Judge (SC/ST Court), Ariyalur 2.The Superintendent of Police, Ariyalur District, Ariyalur.

3.The Inspector of Police, Jayamkondam Police Station, Ariyalur.

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

G.R.SWAMINATHAN,J 3/4

rpl 17.01.2025 4/4