Madras High CourtCRL OP/11856/2022disposed of

Mubarak v. The Deputy Superintendent Of Police (Dsp)

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.OP No.11856 of 2022

1. Mubarak

2. Munsia

...Petitioners/ Accused 1 & 2

vs.

1. The Deputy Superintendent of Police (DSP), Thiruvannamalai Town, Thiruvannamalai District.

2. State by The Inspector of Police, Vettavalam Police Station, Thiruvannamalai District.

Crime No.573 Of 2021.

...Respondents/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) to consider the bail petition of the petitioners on the same day in the event of surrender by the petitioners and seeks bail in Crime No.573 of 2021 pending on the file The Inspector of Police, Vettavalam Police Station, Thiruvannamalai District.

For Petitioners : Ms.S.Silambu Selvan For Respondent : Mr.E.Raj Thilak Addl.Public Prosecutor.

ORDER

This petition has been filed seeking a direction, to direct the Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) to consider the bail petition of the petitioners on the same day in the event of surrender by the petitioners and seeks bail in Crime No.573 of 2021 pending on the file The Inspector of Police, Vettavalam Police Station, Thiruvannamalai District.

2.In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, https://hcservices.ecourts.gov.in/hcservices/

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, Thiruvannamalai (Special Court for SC/ST POA Act Cases), 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 KST/KBS To

1. The Deputy Superintendent of Police (DSP), Thiruvannamalai Town, Thiruvannamalai District.

2. The Inspector of Police, Vettavalam Police Station, Thiruvannamalai District.

3. The Principal District Sessions Judge, Thiruvannamalai

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

+1cc to Mr.S.Silambu Selvan, Advocate SR. No.31659 Crl.O.P.No.11856 of 2022 SR(CO) PR (20/05/2022) https://hcservices.ecourts.gov.in/hcservices/