Ilavarasan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.05.2022

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP No.11771 of 2022

1. Ilavarasan

2. Ellappan

...Petitioners / Accused 2, 6

Vs

1. State rep. by The Deputy Superintendent of Police, Ulundurpet, Kallakurichi District.

2. The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

...Respondents / Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge, Special Court for SC/ST Act Cases, Villupuram to consider the bail application sympathetically and pass orders on merits on the same day on the petitioners surrender in connection with Cr.No.199 of 2022 pending investigation on the file of the respondent police.

For Petitioners : Mr.K.Murugan For Respondents : Mr.E.Raj Thilak Addl.Public Prosecutor

O R D E R

This petition has been filed seeking a direction, to direct the learned Sessions Judge, Special Court for SC/ST Act Cases, Villupuram to consider the bail application sympathetically and pass orders on merits on the same day on the petitioners surrender in connection with Cr.No.199 of 2022 pending investigation on the file of the respondent police. https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, Special Court for SC/ST Act Cases, Villupuram 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 kbs/kst To

1. The Sessions Judge, Special Court for SC/ST Act Cases, Villupuram

2. The Deputy Superintendent of Police, Ulundurpet, Kallakurichi District.

3. The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

4. The Additional Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.K.Murugan, Advocate, S.R.No.31641 Crl.O.P.No.11771 of 2022 AK[co] NSK/20/05/2022 https://hcservices.ecourts.gov.in/hcservices/