Madras High CourtCRL OP/11813/2022disposed of

Mathesh@ Matheswaran v. State Rep By

2022-05-19Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.05.2022

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.11813 of 2022 1.Mathesh @ Matheswaran 2.Praveen 3.Gowtham ..Petitioners Vs.

1. The State rep by The Deputy Superintendent of Police, Namakkal Taluk, Namakkal District.

2. The Inspector of Police, Sendamangalam Police Station, Namakkal District.

..Respondents (Crime No.62 of 2022) Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned District Judge, Special Court for the Trial of cases under SC/ST (Prevention of Atrocities) Act, Namakkal to consider the bail application of the petitioner on the same day in the event of his surrender in Crime No.62 of 2022 and to dispose of the same in accordance with law.

For Petitioners: Mr.T.Dharani For Respondents: Mr.E.Raj Thilak, Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction, to direct the learned District Judge, Special Court for the Trial of cases under SC/ST (Prevention of Atrocities) Act, Namakkal to consider the bail application of the petitioner on the same day in the event of his surrender in Crime No.62 of 2022 and to dispose of the same in accordance with law.

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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 District Judge, Special Court for the Trial of cases under SC/ST (Prevention of Atrocities) Act, Namakkal 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/- Assistant Registrar/ Vacation Officer //True Copy// Sub Assistant Registrar kbs/kst To

1. District Judge, Special Court for the Trial of cases under SC/ST (Prevention of Atrocities) Act, Namakkal.

2. The Deputy Superintendent of Police, Namakkal Taluk, Namakkal District.

3. The Inspector of Police, Sendamangalam Police Station, Namakkal District.

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

+1cc to M/s.T.Dharani, Advocate, S.R.No.31695 (24/05/2022) Crl.O.P.No.11813 of 2022 SSD(CO) RGA(20/05/2022) https://hcservices.ecourts.gov.in/hcservices/