Madras High CourtCRL OP/7738/2021disposed of

S.Sivakumar v. The State Rep.By

2021-04-26Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.OP.No.7738 of 2021 1.S.Sivakumar 2.S.Kalidos 3.A.Sampath 4.C.Anbu 5.Sukkirevan @ Thangamani 6.Krishnamoorthy ... Petitioners

Versus

1. The State rep.by The Inspector of Police, Santhavasal Police Station, Thiruvannamalai District.

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

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court for Trial of cases under S.C and S.T (Prevention of Atrocities) Act, Thiruvannamalai to consider their bail application on the same day in respect of Crime No.145 of 2021, on the file of the first respondent, pending investigation.

For Petitioners : Mr.S.B.Viswanathan 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 S.C and S.T (Prevention of Atrocities) Act, Thiruvannamalai to accept the https://hcservices.ecourts.gov.in/hcservices/

surrender of the petitioners herein in Crime No.145 of 2021 on the file of the first respondent Police and consider their 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 Special Court for Trial of cases under S.C and S.T (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(3) of the SC/ST Act.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mbi To 1.The Inspector of Police, Santhavasal Police Station, Thiruvannamalai District.

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

3. Special Court for Trial of cases under S.C and S.T (Prevention of Atrocities) Act, Thiruvannamalai.

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

+1cc to Mr.S.B.Viswanathan, Advocate, SR.No.25259. Crl.OP.No.7738 of 2021 NRL(CO) CSR 28.04.2021 https://hcservices.ecourts.gov.in/hcservices/