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Madras High CourtCRL OP/12233/2022ordered

M.Pavunkumar v. The State Rep By The Deputy Superintendent Of Police

2022-05-27Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2022

CORAM:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No. 12233 of 2022

1. M.Pavunkumar, S/o.M.Mani

2. Selvaraj @ Dharani, S/o.Natarajan

3. K.Prem @ K.Premkumar S/o.Kaliappan

4. K.Praveen Kumar, S/o.Kaliappan ... Petitioners

Versus

1. The State Rep. by the Deputy Superintendent of Police, Polur Sub Division, Kadaladi Police Station, Thiruvannamalai District.

2. The State Rep. by the Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court for exclusive trial of cases under the S.C. and S.T. (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Thiruvannamalai to consider the bail application of the petitioners on the same day of their surrender in respect of Crime Number 38 of 2022, on the file of the Inspector of Police, Kadaladi Police Station, Thiruvannamalai District, pending investigation. For Petitioners :

Mr.P.Johnson For Respondents :

Mr.A.Damodaran, Addl. Public Prosecutor

ORDER

This Criminal Original petition has been filed to direct the learned Special Court for the exclusive trial of SC and ST https://hcservices.ecourts.gov.in/hcservices/

cases, Tiruvannamalai, to consider the petition on the same day for the petitioners in Crime No.38 of 2022.

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 petitioner is 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 exclusive trial of cases under the S.C. and S.T. (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, 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/- Vacation Officer True Copy// Sub Assistant Registrar rpp/sma To

1. The Special Court for exclusive trial of cases under the S.C. and S.T.(Prevention of Atrocities Act),1987 and Amendment Act, 2015, Thiruvannamalai.

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

3. The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Johnson, Advocate, S.R.No.31829 CRL.O.P.No. 12233 of 2022 AD[co] NSK/01/06/2022 https://hcservices.ecourts.gov.in/hcservices/