R.Jaisuresh v. State Rep

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2024

CORAM

THE HONOURABLE Mr.JUSTICE R.SAKTHIVEL Crl.O.P.No.12028 of 2024

1. R.Jaisuresh

2. R.Venkateswaran @ Prabhu

3. R.Mahesh .. Petitioners/Accused Nos. 1-3 Vs.

1.

The Deputy Superintendent of Police, Neyveli Sub Division Kurinjipadi Taluk Cuddalore District.

2.

The Sub-Inspector of Police Kurinjipadi Police Station Cuddalore District (Crime No. 119/2024) .. Respondent/ Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the petitioners to surrender before the Special Court for trail of cases under SC/ST (POA) Act, Cuddalore, by filing Bail application and to direct the Special Court for trial of Cases under SC/ST

(POA) Act, Cuddalore, to consider such bail application on the same day, in connection with Crime No. 119 of 2024, pending investigation on the file of the first respondent.

*** For Petitioners : Mr. S.Senthil For Respondents : Mr. S.Udayakumar Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking a direction, to direct the petitioners to surrender before the Special Court for trail of cases under SC/ST (POA) Act, Cuddalore, by filing Bail application and to direct the learned Special Court for trial of Cases under SC/ST (POA) Act, Cuddalore, to consider such bail application on the same day, in connection with Crime No. 119 of 2024, pending investigation on the file of the first 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 Special Court for trial of Cases under SC/ST (POA) Act, Cuddalore, 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 ordered with the above directions. 16.05.2024 Index :Yes/No Internet:Yes/No Speaking/Non speaking order vsg To 1.

Special Court for trial of Cases under SC/ST (POA) Act, Cuddalore.

2.

The Deputy Superintendent of Police, Neyveli Sub Division Kurinjipadi Taluk Cuddalore District.

3.

The Sub-Inspector of Police Kurinjipadi Police Station Cuddalore District 4.

The Public Prosecutor, High Court, Madras.

R.SAKTHIVEL , J

vsg Crl.O.P.No.12028 of 2024 16.05.2024