Madras High CourtCRL OP/7578/2021disposed of

Manikandan @ Manivasagam 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.7578 of 2021 1.Manikandan @ Manivasagam 2.Murugan 3.Manikandan 4.Jeisankar 5.Muthamilselvan 6.Krishnamoorthi @ Krishnasamy 7.Praveen 8.Nadarajan 9.Ramachandiran 10.Sudhakar 11.Parthiban 12.Senthamilselvan 13.Venkatraman 14.Murugappan ... Petitioners/ Accused 2 t 5

Versus

1. The Deputy Superintendent of Police, Mangalamedu Division Perambalur District.

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

Crime No.193 of 2021 ... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, (Special Judge for SC and ST Act cases), Cuddalore to consider the bail application of the petitioners concerned in Crime No.193 of 2021 on the file of Inspector of Police, Mangalamedu Police Station, Perambalur District on their surrender on the same day.

For Petitioners : Mr.C.Prabakaran For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This petition has been filed seeking for a direction, to direct the learned Principal District and Sessions Judge, (Special Judge for SC and ST Act cases), Cuddalore to accept the surrender of the petitioners herein in Crime No.193 of 2021 on the file of the second 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.

3. It is stated that other than offence under SC and ST Act cases, the major offence committed by the petitioners is under Section 307 of IPC. Therefore, it is made clear that on such surrender of the petitioners, the learned Principal District and Sessions Judge, (Special Judge for SC and ST Act cases), Cuddalore, shall deal with the matter independently 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.

4. 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 Deputy Superintendent of Police, Mangalamedu Division Perambalur District.

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

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

4.The Principal District and Sessions Judge, Special Judge for SC and ST Act,cases Cuddallore .

+1 cc to M/s.C.Prabakaran, Advocate Sr.No. 24735 Crl.OP.No.7578 of 2021 RSI(CO) RMP(26/04/2021)