Madras High CourtCRL OP/17624/2020disposed of

Manikandan v. The Sub Inspector Of Police

2021-01-06Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.17624 of 2020

1. Manikandan

2. Lakshmikanth @ Lakshmikanthan

3. Vijay @ Vijayakumar ... Petitioners/Accused 5, 7 &8 vs.

The Sub-Inspector of Police, Ulundurpet Police Station, Villupuram District.

In Crime No.143 of 2020 ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to pass an order of direction directing the learned Sessions Judge, Special Court for exclusive trial of cases registered under SC/ST (POA) Act cases, Villupuram District to consider the petitioners bail application on the same day in the event of their surrender in Crime No.143 of 2020 dated 17.03.2020 on the file of the Respondent Police. For Petitioner : Mr.S.Saravanakumar For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction, to direct the Learned Sessions Judge, Special Court for Exclusive trial of cases registered under SC/ST (POA) Act cased, at Villupuram District to accept the surrender of the petitioners herein concerned in Crime No.143 of 2020 on the file of Sub-Inspector of Police, Ulundurpet Police Station, Villupuram District and consider the bail petition on the same day itself.

2. In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, https://hcservices.ecourts.gov.in/hcservices/

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 Exclusive trial of cases registered under SC/ST (POA) Act cased, at Villupuram District, 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 disposed of with the above directions.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jv To

1. The Sub-Inspector of Police, Ulundurpet Police Station, Villupuram District.

In Crime No.143 of 2020

2. The Public Prosecutor, High Court of Madras, Chennai 600 104.

3.The Sessions Judge, Special Court for Exclusive Trial at cases, SC/ST (POA) Act, Cases, Villupuram District.

+1cc to Mr.S.Saravana kumar, Advocate, S.R.No. 794 Crl.O.P No.17624 of 2020 NMI(CO) GN(01/02/2021) https://hcservices.ecourts.gov.in/hcservices/