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Madras High CourtCRL OP/11739/2021disposed of

Lakshmanan v. The Deputy Superintendent Of Police

2021-07-08Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.11739 of 2021 1.Lakshmanan 2.Ashok @ Ashokraj 3.Gowtham @ Gowthamanan 4.Sandhuru @ Chandru 5.Senthil @ K.Senthilkumar 6.Vellaiyan @ Rajasundaram 7.Ganesan @ Ganesh.K.

... Petitioners/Accused -4,6,7,12,14 to 16 .vs.

1.The Deputy Superintendent of Police, Jayamkondam, Ariyalur District.

2.The Inspector of Police, Meensurutti Police Station, Ariyalur District.

... Respondent/Complainant (Crime No.378/2021) Prayer:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District Sessions Judge at Ariylur, Ariyalur District to consider the bail Page No.1 of 4

application filed by the petitioners in connection with Crime No.378 of 2021, on the file of Inspector of Police, Meensurutti Police Station, Ariyalur District on their surrender on the same day on sympathetic ground.

For Petitioners : Mr.G.Nirmal Krishnan For Respondents : Mr.A.Damodaran, Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking a direction, to direct the learned Principal District Sessions Judge at Ariylur, Ariyalur District to consider the bail application filed by the petitioners in connection with Crime No.378 of 2021, on the file of Inspector of Police, Meensurutti Police Station, Ariyalur District on their surrender on the same day.

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 Page No.2 of 4

learned Principal District Sessions Judge at Ariylur, Ariyalur District for SC/ST Act cases under SC & ST [Prevention of Atrocities] Act, 1989, 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(3)of the SC/ST Act.

3.This Criminal Original Petition is disposed of with the above directions.

08.07.2021 Index: Yes/No Internet: Yes/No kp Note: Issue order copy on 08.07.2021 To 1.The Deputy Superintendent of Police, Jayamkondam, Ariyalur District.

2.The Inspector of Police, Meensurutti Police Station, Ariyalur District.

3.The Principal District Sessions Judge, Ariyalur District, Ariyalur.

4.The Public Prosecutor, High Court, Chennai.

M.NIRMAL KUMAR, J.

Page No.3 of 4

kp CRL.O.P.No.11739 of 2021 08.07.2021 Page No.4 of 4