Madesh@Mahadevaswamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.8024 of 2021 1.Madesh @ Mahadevaswamy 2.Puvan 3.Jyothilinga @ Jyothilingappa 4.Shashi Kumar 5.Shankar @ Sankara 6.Madhu @ Manu 7.Nitisha @ Nandeesh Kumar ... Petitioners

Versus

The Inspector of Police, Thaalavadi Police Station, Thaalavadi, Sathyamangalam Taluk, Erode District.

Crime No.68 of 2021.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the learned Principal District Sessions Judge under SC & ST (P.A) Act, Erode to consider the bail application of the petitioners on their surrender in Crime No.68 of 2021 (on the file of respondent Police) on the same day.

For Petitioners:

Mr.N.K.Arulmuruganandham For Respondent :

Mr.M.Mohamed Riyaz, Additional Public Prosecutor *****

ORDER

This Criminal Original Petition has been filed seeking a direction, to direct the learned Principal District Sessions Judge under SC & ST (Prevention of Atrocities) Act, Erode to accept the surrender of the petitioners herein concerned in Crime No.715 of 2019 on the file of the respondent Police 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 Principal District Sessions Judge under SC & ST (Prevention of Atrocities) Act, Erode shall deal with the matter on the same day on merits and in accordance with law, https://hcservices.ecourts.gov.in/hcservices/

after issuing notice to the victims under Section 15-3(A) of the SC/ST Act.

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

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vv2 To 1.The Principal District Sessions Court under SC & ST (Prevention of Atrocities) Act, Erode.

2.The Inspector of Police, Thaalavadi Police Station, Thaalavadi, Sathyamangalam Taluk, Erode District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.K.Arul Muruganandam, Advocate SR.No. 25831 CRL.O.P.No.8024 of 2021 UM (CO) A.SK(06.07.2021) https://hcservices.ecourts.gov.in/hcservices/