Elumalai v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.05.2019 CORAM :

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Crl.O.P.No.14032 of 2019 1.Elumalai 2.Loganathan 3.Gopalakrishnan 4.Manikandan 5.Balan 6.Kumareshan 7.Elumalai 8.Santhosh 9.Krishanamoorthi 10.Kumaran ... Petitioners/Accused 1, 3,5,4,6,8,9,11,10, and 12 Vs.

State by The Inspector of Police, Dusi Police Station, Thiruvannamalai District.

... Respondent Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal District and Sessions Judge (Special Court for SC/ST Atrocities Act Cases) to consider the bail petition on the same day on the petitioners' surrender and seek bail in Crime No.73 of 2019 on the file of the Inspector of Police, Dusi Police Station, Thiruvannamalai District.

For Petitioners : Mr.S.Silambu Selvan For Respondent : Mrs.S.Thankira Government Advocate (Crl. Side)

O R D E R

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 https://hcservices.ecourts.gov.in/hcservices/

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 Judge/Special Judge for SC & ST (Prevention of Atrocities) Act Cases, Thiruvannamalai District, shall deal and dispose the matter on the same day on merits and in accordance with law.

2.In due compliance of Section 15-A of the SC/ST Act, the petitioners shall serve advance notice of surrender and bail, two clear days before the intended date of surrender enclosing additional copies on the Special Public Prosecutor of the concerned Court and the Special Public Prosecutor shall intimate it to the de facto complainant through the respondent police. 3.This Criminal Original Petition is disposed of with the above directions.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To 1.The Principal District Judge/Special Judge for SC & ST (Prevention of Atrocities) Act Cases, Thiruvannamalai District.

2.The Inspector of Police, Dusi Police Station, Thiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/S.S.Silambu Selvan, Advocate Sr.44407 Crl.O.P.No.14032 of 2019 rji[co] srg 31/05/2019 https://hcservices.ecourts.gov.in/hcservices/