Madras High CourtCRL OP/7443/2021disposed of

M.Elumalai v. State Rep By

2021-04-22Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.OP.No.7443 of 2021 1.M.Elumalai 2.A.Appun @ Prasanth 3.R.Balaji 4.P.Kannan @ Kumar 5.P.Manikandan 6.A.Arunkumar @ Arun 7.J.Chokkalingam 8.S.Vinoth 9.V.Narayanan 10.S.Parthiban 11.A.Mohan 12.P.Raman 13.R.Anandhan 14.S.Mani 15.T.Raja 16.N.Purushoth 17.S.Ajith @ Ajithkumar 18.S.Arun @ Arunkumar 19.S.Velu 20.R.Karthi 21.R.Raman 22.R.Chinnadurai 23.C.Raja ... Petitioners

Versus

1. The State Represented by, The Inspector of Police, Kalasapakkam Police Station, (Crime No.118 of 2021)

2. The Deputy Superintendent of Police, Polur Sub Division, Polur, Thiruvannamalai District.

All are residing at Kappalur Village Kalasapakkam Taluk, Tiruvannamalai.

... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the petitioners to surrender and move bail application and direct the Special Court for trial of cases under SC and ST (Prevention of Atrocities) Act, Thiruvannamalai to consider their bail application on the same day in respect of Crime No.118 of 2021, on the file of the Inspector of Police, Kalasapakkam Police Station, For Petitioners : Mr.P.Ganesan For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This petition has been filed seeking for a direction, to direct the Special Court for trial of cases under SC and ST (Prevention of Atrocities) Act, Thiruvannamalai to accept the surrender of the petitioners herein in Crime No. 118 of 2021 on the file of the first respondent 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 receipt of a copy of this order and on such surrender, the learned Judge, Special Court for trial of cases under SC and ST (Prevention of Atrocities) Act, Thiruvannamalai 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(CS V) //True Copy// Sub Assistant Registrar

mbi To 1.The Inspector of Police, Kalasapakkam Police Station, (Crime No.118 of 2021) 2.The Deputy Superintendent of Police, Polur Sub Division, Polur, Thiruvannamalai District.

3.The Special Court for trial of cases under SC and ST (Prevention of Atrocities) Act, Thiruvannamalai.

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

+1 cc to Mr.P.Ganesan, Advocate Sr.No. 24750 Crl.OP.No.7443 of 2021 PM(CO) RMP(26/04/2021)