Madras High CourtCRL OP/16044/2021disposed of

Boja@Annamalai v. The State Rep By

2021-09-13Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.16044 of 2021

1. Boja/Annamalai.

2. A.Sathish.

3. C.Balaji.

...Petitioners/Accused 1 to 3

Versus

1. The State Rep.by the Inspector of Police, Polur Police Station Tiruvannamalai District.

(Crime Number 837 of 2021).

2. The Deputy Superintendent of Police Polur Sub Division Thiruvannamalai District.

...Respondents/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court for exclusive trial of cases under the S.C. and S.T. (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Thiruvannamalai to consider the petitioners' bail application on the same day in Crime No.837 of 2021 on the file of the first respondent police. For Petitioners :

Mr.S.B.Viswanathan.

For Respondents :

Mr.A.Damodharan, Counsel for Government of Tamil Nadu (Crl.Side)

ORDER

This petition has been filed seeking a direction, to direct the Special Court for exclusive trial of cases under the S.C. and S.T. (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Thiruvannamalai to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.837 of 2021 on the file of the first respondent police.

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

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 or after commencement of normal functioning of the Court, which ever is later and on such surrender, the Special Court for exclusive trial of cases under the S.C. and S.T. (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Thiruvannamalai, 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 (3) of the SC/ST Act.

3. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mpl To

1. The Inspector of Police, Polur Police Station, Tiruvannamalai District.

2. The Deputy Superintendent of Police, Polur Sub Division, Thiruvannamalai District.

Copy to The Special Court for exclusive trial of cases under the SC&ST(Prevention of Atrocities Act), 1987 and Amendment Act,2015, Thiruvannamalai.

+1cc to Mr.S.B.Viswanathan., Advocate, S.R.No.46050 CRL.O.P.No.16044 of 2021 GPL[co] NSK 27/09/2021 https://hcservices.ecourts.gov.in/hcservices/