Madras High CourtCRL OP/18300/2021disposed of

S.Radhakrishnan v. The Deputy Superintendent Of Police,

2021-10-05Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.18300 of 2021 S. Radhakrishnan S/o. Sellaiyan ... Petitioner

Versus

1. The Deputy Superintendent of Police, Tiruchengode, Namakkal District.

2. State rep. by The Inspector of Police, Tiruchengode Town Police Station, Namakkal District.

(Cr.No.531 of 2021) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the * Special Court for the Exclusive Trail of SC and ST cases, Namakkal to consider the anticipatory bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.531 of 2021 on the file of the second respondent police. For Petitioner : Mr.C.S.Saravanan For Respondents : Mr.R.Vinothraja Gov. Advocate (Crl.Side)

ORDER

(This case has been heard through video conference) This petition has been filed seeking a direction, to direct the * Special Court for the Exclusive Trail of SC and ST cases, Namakkal to consider the anticipatory bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.531 of 2021 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. https://hcservices.ecourts.gov.in/hcservices/

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 the Exclusive Trail of SC and ST cases, Namakkal 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 VIII) Dated : 12.10.2021 ** Amended order as per the order dated 10.11.2021 made in Crl.MP.No.11348/2021 in Crl.OP.No.18300 of 2021 Sd/- Assistant Registrar(CS VIII) Dated : 23.11.2021 //True Copy// Sub Assistant Registrar sp/rpp To

1. Principal District and Sessions Judge, Namakkal.

2. The Deputy Superintendent of Police, Tiruchengode, Namakkal District. To be substitute for the

3. The Inspector of Police, order already despatched Tiruchengode Town Police Station, on 29.10.2021 Namakkal District.

Thiruvarur District.

4. The Public Prosecutor, High Court, Madras.

*5.The Special Judge, The Special Court for the Exclusive Trial of SC and ST cases, Namakkal +1CC to M/s.C.S.Saravanan, Advocate, SR.No. 51847 CRL.O.P.No.18300 of 2021 SSD(CO) B.VC (18/10/2021) K.RK. (23.11.2021) https://hcservices.ecourts.gov.in/hcservices/