Praburaj v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HONOURABLE Mr.JUSTICE R.SAKTHIVEL Crl.O.P.No.12189 of 2024

1. Praburaj

2. R.Sathish

3. Prithikka

4. Elavarasan

5. Prabu

6. Selvam

7. Senthilkumar .. Petitioners Vs.

1.

Deputy Superintendent of Police, Neyveli Township Cuddalore District.

2.

State Rep. By Inspector of Police Kurinjipadi Police Station Cuddalore District.

(Crime No. 145/2024) .. Respondents

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Sessions Judge, Special Court for trail of Cases under SC & ST (POA) Act at Cuddalore, to consider the bail application of the petitioners on the same day of the surrender in Crime No. 145 of 2024 on the file of Kurinjipadi Police Station to secure the justice in accordance with law.

*** For Petitioners : Mr.A.Arasu Ganesan 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 learned Sessions Judge, Special Court for trail of Cases under SC & ST (POA) Act at Cuddalore, to consider the bail application of the petitioners on the same day of the surrender in Crime No. 145 of 2024 on the file of Kurinjipadi Police Station to secure the justice in accordance with law.

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 Sessions Judge, Special Court for trail of Cases under SC & ST (POA) Act at 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.

Sessions Judge, Special Court for trail of Cases under SC & ST (POA) Act at Cuddalore.

2.

Deputy Superintendent of Police, Neyveli Township Cuddalore District.

3.

Inspector of Police Kurinjipadi Police Station Cuddalore District.

4.

The Public Prosecutor, High Court, Madras.

R.SAKTHIVEL , J.

vsg Crl.O.P.No.12189 of 2024 16.05.2024