Manikandan @ Manivasagam v. State Rep.By

Crl.M.P.No.6615 of 2021 in Crl.O.P.No.7578 of 2021 M.NIRMAL KUMAR., J.

This miscellaneous petition is filed to amend the name of the District in the above Crl.O.P.No.7578 of 2021 order dated 22.04.2021 as the learned Principal District and Sessions Judge (Special Judge for SC and ST Act Cases), Perambalur instead of the learned Principal District and Sessions Judge (Special Judge for SC and ST Act Cases), Cuddalore.

2.It is represented by the learned counsel for the petitioner that the name of the District has been wrongly mentioned as "Cuddalore" instead of "Perambalur", in paragraph No.3. Hence, the name of the District is ordered to be amended as "Perambalur".

3.It is further noticed that in that paragraph No.3 of the order dated 22.04.2021 in Crl.O.P.No.7578 of 2021, after the name of the District "Cuddalore" the word "Erode" has been wrongly typed and the same shall be ordered to be deleted.

4.The petitioner to surrender before the Trial Court, within a period of two weeks from the date of receipt of a copy of this order or within two weeks from commencement of normal functioning of Courts. All other observations made in the said order shall remain intact.

02.07.2021 klt Note: Registry is directed to carry out necessary amendments and issue fresh order copy to the parties concerned.

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M.NIRMAL KUMAR., J.

klt Crl.M.P.No.6615 of 2021 in Crl.O.P.No.7578 of 2021 02.07.2021 2/6

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

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 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 3/6

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 4/6

Principal District and Sessions Judge, (Special Judge for SC and ST Act cases), Cuddalore, Erode 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.

22.04.2021 mbi Index: Yes/No Internet: Yes Speaking/Non-Speaking Order Note: Issue order copy on 26.04.2021.

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M.NIRMAL KUMAR, J.

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.

Crl.OP.No.7578 of 2021 22.04.2021 6/6