Madras High CourtCRL OP/11627/2022disposed of

Murugesan v. State Rep By

2022-05-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

3DATED: 18.05.2022

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.NO.11627 OF 2022 1.Murugesan 2.Vellaiyammal ... Petitioners -vs1. The State Rep. by The Deputy Superintendent of Police, Perambalur District.

2. The State Rep. by The Sub Inspector of Police, V.Kalathur Police Station, Perambalur District.

(Crime No.55 of 2022) ... Respondents Prayer:

Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the learned District & Sessions Judge, Perambalur (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.55 of 2022 pending on the file of the respondent police.

For Petitioners: Mr.C.Vidhusan For Respondent : 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 & Sessions Judge, Perambalur (Special Court https://hcservices.ecourts.gov.in/hcservices/

for SC / ST POA Act Cases) to consider the petitioners bail application on the same day of his surrender in connection with a case in Crime No.55 of 2022, on the file of the respondent.

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 & Sessions Judge, Perambalur (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 ssr To

1. The District & Sessions Judge, (Special Court under SC & ST Atrocities Act) Perambalur.

2. The Deputy Superintendent of Police, Perambalur District.

3. The Sub Inspector of Police, V.Kalathur Police Station, Perambalur District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Vidhusan, Advocate, S.R.No.31586 CRL.O.P.No.11627 of 2022 MT(CO) PM/19/05/2022 https://hcservices.ecourts.gov.in/hcservices/