Madras High CourtCRL OP/4659/2020disposed of

Samikannu v. The State Rep.By

2020-02-28Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:28.02.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.4659 of 2020

1. Samikannu

2. Muthusamy

3. Dhanapal

4. Kamaraj ... Petitioners Vs.

State represented by Inspector of Police, Kunnam Police Station, Perambalur District.

(Crime No.330 of 2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Perambalur, Perambalur District to accept the surrender of the petitioners herein concerned in Crime No.330 of 2019 on the file of the Inspector of Police, Kunnam Police Station, Perambalur District and consider the bail petition on the same day itself. For Petitioner : Mr.K.Balu For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Perambalur, Perambalur District to accept the surrender of the petitioners herein concerned in Crime No.330 of 2019 on the file of the Inspector of Police, Kunnam Police Station, Perambalur District 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 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 1/2 https://hcservices.ecourts.gov.in/hcservices/

learned District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Perambalur, Perambalur District shall deal with the matter (either to allow or dismiss) 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 To

1. The District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Perambalur, Perambalur District.

2. The Inspector of Police, Kunnam Police Station, Perambalur District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Balu, Advocate Sr.No.17807 AKM/02.03.2020 /2P-5C/ CRL.O.P.No.4659 of 2020 2/2 https://hcservices.ecourts.gov.in/hcservices/