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Madras High CourtCRL OP/12135/2024ordered

S.Velumani v. The Deputy Superintendent Of Police

2024-05-16Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2024

CORAM

THE HONOURABLE Mr.JUSTICE R.SAKTHIVEL Crl.O.P.No.12135 of 2024

1. S.Velumani

2. V.Vijaya .. Petitioners/Accused Nos. 1 & 2 Vs.

1.

The Deputy Superintendent of Police, Panruti Sub Division Cuddalore District.

2.

State Rep. By The Inspector of Police Panruti Police Station Cuddalore District.

(Crime No. 245/2024) .. Respondents/ Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act Court, Cuddalore, to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.245 of 2024 on the file of the second respondent police.

*** For Petitioners : Mr. G.S.Saravanan

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 Trial of Cases under SC/ST (POA) Act Court, Cuddalore, to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.245 of 2024 on the file of the second respondent police.

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 Trial of Cases under SC/ST (POA) Act Court, 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 Trial of Cases under SC/ST (POA) Act Court, Cuddalore.

2.

The Deputy Superintendent of Police, Panruti Sub Division Cuddalore District.

3.

The Inspector of Police Panruti Police Station Cuddalore District.

4.

The Public Prosecutor, High Court, Madras.

R.SAKTHIVEL , J.

vsg

Crl.O.P.No.12135 of 2024 16.05.2024