Madras High CourtCRL OP/6345/2023disposed of

Malarkodi v. The Deputy Superintendent Of Police

2023-07-03Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Malarkodi W/o.Pitchaipillai 2.Elanjiyam D/o.Pitchaipillai

...Petitioners

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

2.The State represented by its Inspector of Police, Udayarpalayam Police Station, Ariyalur District.

Crime No.264 of 2022 ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the learned Principal District Judge, Ariyalur, to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Spl.C.C.No.17 of 2023. [Prayer amended as per the order of this Court made in Crl.M.P.No.9084 of 2023 in Crl.O.P.No.6345 of 2023 dated 03.07.2023.] 1/4

For Petitioners : Mr.T.Gopinath For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This petition has been filed seeking a direction to the learned Principal District Judge, Ariyalur, to accept the surrender of the petitioners herein concerned in Spl.C.C.No.17 of 2023 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 (2) weeks from the date of receipt of a copy of this order and on such surrender, the learned Principal District Judge, Ariyalur, 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.

This Criminal Original Petition is disposed of with the above 2/4

direction.

03.07.2023 Note to office:

Issue order copy by 05.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Deputy Superintendent of Police, Ariyalur District.

2.The Inspector of Police, Udayarpalayam Police Station, Ariyalur District.

Crime No.264 of 2022 3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J 3/4

gm 03.07.2023 (2/2) 4/4