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Madras High CourtCRL OP/15427/2023disposed of

M.Kannan v. The Deputy Commissioner Of Police

2023-07-11Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Kannan, S/o.Muniya Gounder

...Petitioner

Vs 1.The Deputy Commissioner of Police, Thirukoilur Police Station, Kallakurichi District.

2.The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the Special Court for PCR Cases Cum District and Sessions Judge, Villupuram to consider the bail Application of the petitioner on the same day of their surrender, in Crime No.42 of 2020 on the file of the Respondent Police. For Petitioner : Ms.R.Pushpalatha For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Special Court for PCR Cases Cum District and Sessions Judge, Villupuram to consider the bail Application of the petitioner on the same day of his surrender, in Crime No.42 of 2020 on the file of the 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 petitioner is 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 District and Sessions Judge (Special Court for PCR Cases), Villupuram 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. 2/4

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

11.07.2023 Index : Yes/No Speaking order:Yes/No rsi Note: Issue order copy on 12.07.2023.

To 1.The Deputy Commissioner of Police, Thirukoilur Police Station, Kallakurichi District.

2.The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

3. The District and Sessions Judge, Special Court for PCR Cases, Villupuram.

4.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J rsi 11.07.2023 4/4