Madras High CourtCRL OP/2206/2019disposed of

Bharani Shanmugam v. The Inspector Of Police

2019-01-29Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2206 of 2019 1.Bharani Shanmugam 2.Sathiyaseelan @ Mohan 3.Rajalakshmy 4.Venkatesh @ Venkatesan 5.Karthikesan ... Petitioners Vs.

State by Inspector of Police, PCR Cell, Puducherry.

Crime No.1 of 2018 ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned II Additional Sessions Judge, (Special Court under SC & ST Atrocities Act at Puducherry) to accept the surrender of the petitioners herein concerned in Crime No.1 of 2018 on the file of Inspector of Police, PCR Cell, Puducherry and consider the bail petition on the same day itself.

For Petitioners: Mr.K.Balu For Respondent : Mr.Bharatha Chakravarthi Public Prosecutor(Puducherry) For Intervenor : Mr.Prakash Adiapadam

O R D E R

This Criminal Original Petition has been filed to direct the learned II Additional Sessions Judge, (Special Court under SC & ST Atrocities Act at Puducherry) to accept the surrender of the petitioners herein concerned in Crime No.1 of 2018 on the file of Inspector of Police, PCR Cell, Puducherry and consider the bail petition on the same day itself.

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 https://hcservices.ecourts.gov.in/hcservices/

receipt of a copy of this order and on such surrender, the learned Special Judge 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) of the SC/ST Act.

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

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar mpa/rpl To 1.The II Additional Sessions Judge, (Special Court under SC & ST Atrocities Act), Puducherry.

2.The Inspector of Police, PCR Cell, Puducherry.

3.The Public Prosecutor,(Puducherry) High Court, Madras.

+1cc to Mr.K.Balu, Advocate SR.No.6801 +1cc to the Public Prosecutor (Puducherry) SR.No.6799 Crl.O.P.No.2206 of 2019 GMY(08/02/2019) https://hcservices.ecourts.gov.in/hcservices/