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Madras High CourtCRL OP/11094/2024disposed of

Nandhakumar v. The State Rep By Its,

2024-05-08Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HONOURABLE Mr.JUSTICE K.KUMARESH BABU Crl.O.P.No.11094 of 2024 Nandhakumar .. Petitioner/ Accused 1 Vs.

1.

State rep. by The Deputy Superintendent of Police Erode District.

2.

State rep. by The Inspector of Police Bhavanisagar Police Station Crime No. 69/2024 .. Respondents/ Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge, Erode (Special Judge for SC/ST Act Cases) to consider the petitioner's bail application to be filed on the same day on his surrender in Crime No. 69 of 2024 pending investigation on the file of the second respondent. ***

For Petitioner : Mr. G.Ramkumar For Respondents : Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking a direction, to direct the learned Principal District and Sessions Judge, Erode (Special Judge for SC/ST Act Cases) to consider the petitioner's bail application to be filed on the same day on his surrender in Crime No. 69 of 2024 pending investigation on the file of the second 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 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 Principal District and Sessions Judge, Erode (Special Judge for SC/ST 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.

08.05.2024 Index :Yes/No Internet:Yes/No Speaking/Non speaking order vsg To 1.

The Deputy Superintendent of Police Erode District.

2.

The Inspector of Police Bhavanisagar Police Station 3.

The Public Prosecutor, High Court, Madras.

4. Principal District and Sessions Court, Erode. (Special Judge for SC/ST Act Cases)

K.KUMARESH BABU , J vsg Crl.O.P.No.11094 of 2024 08.05.2024