Madras High CourtCRL OP/16547/2023disposed of

M.Rajivgandhi@Raji v. Deputy Superintendent Of Police

2023-07-25Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.7.2023

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH M.Rajivgandhi (a) Raji

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Polur, Tiruvannamalai District.

2.The Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District.

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Principal District and Sessions Judge-cum-Special Judge for SC/ST Cases, Tiruvannamalai to consider and pass order on the petitioner's bail application in connection with Crime No.246 of 2023 on the file of the second respondent police on his surrender and pass orders on merits on the same day.

For Petitioner : Mr.E.Sathiyaraj 1/4

For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the learned Principal District and Sessions Judge-cum-Special Judge for SC/ST Cases, Tiruvannamalai to consider the petitioner's bail application in connection with Crime No.246 of 2023 on the file of the second respondent police on his surrender and pass orders on merits on the same day.

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 Special Judge shall deal with the matter on the same day on merits and in accordance with 2/4

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.

25.7.2023 Note : Issue on 26.7.2023 Index :Yes/No Internet:Yes/No Speaking order:Yes/No To 1.The Principal District & Sessions Court-cum-Special Court for Exclusive Trial of Cases registered under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, Tiruvannamalai.

2.The Deputy Superintendent of Police, Polur Tiruvannamalai District.

3.The Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

ssr N.ANAND VENKATESH,J ssr 3/4

25.7.2023 4/4