Madras High CourtCRL OP/16932/2021disposed of

Sivakumar v. Deputy Superintendent Of Police

2021-09-20Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.16932 of 2021 1.Sivakumar 2.Sivashankar 3.Prasanth ....Petitioners/Accused 1 to 3

Versus

1. The Deputy Superintendent of police, Tiruvannamalai Town Sub Division, Tiruvannamalai, Tiruvannamalai District.

2. The State Rep. by The Inspector of Police, Vettavalam police Station, Vettavalam, Tiruvannamalai District.

....Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court for Trial of Cases Registered under SC/ST (POA) Act, Tiruvannamalai, to consider the bail application of the petitioners in Crime No.466 of 2021, on the file of the second respondent, on the same day when they surrenders before the said Court in the said Crime Number.

For Petitioners : Mr.B.Jawahar For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This petition has been filed to direct the Special Court for Trial of Cases Registered under SC/ST (POA) Act, Tiruvannamalai, to consider the bail application of the petitioners in Crime No.466 of 2021, on the file of the second respondent, on the same day when they surrenders before the said Court in the said Crime Number.

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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 Trial of Cases Registered under SC/ST (POA) Act, Tiruvannamalai, 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-IX) //True Copy// Sub Assistant Registrar dna To

1. The Judge Special Court for Trial of Cases Registered under SC/ST (POA) Act, Tiruvannamalai.

2. The Deputy Superintendent of police, Tiruvannamalai Town Sub Division, Tiruvannamalai,Tiruvannamalai District.

3. The Inspector of Police, Vettavalam police Station, Vettavalam, Tiruvannamalai District.

4. The Public Prosecutor High Court, Madras.

+1cc to Mr.B.Jawahar, Advocate, S.R.No.47713 CRL.O.P.No.16932 of 2021 AJS(CO) RGA(23/09/2021) https://hcservices.ecourts.gov.in/hcservices/