Ganesan v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.7.2023

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH 1.Ganesan 2.Rajesh 3.Eswaran 4.Chinthan

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Palladam, Tiruppur District.

2.The Inspector of Police, Mangalam Police Station, Tiruppur.

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Principal Sessions Judge (Special Court for Trial of Cases registered under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with New Amendment Act, 2015 at Tiruppur to accept the surrender of the petitioners herein connected in Crime No.287 of 2023 on the file of the second respondent police and consider the anticipatory bail petition on the same day itself. For Petitioners : Mr.R.Thirumoorthy 1/4

For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the learned Principal Sessions Judge (Special Court for Trial of Cases registered under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with New Amendment Act, 2015 at Tiruppur to accept the surrender of the petitioners herein connected in Crime No.287 of 2023 on the file of the second respondent police and consider the anticipatory 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, 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 2/4

order and on such surrender, the learned Special Judge 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.

25.7.2023 Note : Issue on 26.7.2023 Index :Yes/No Internet:Yes/No Speaking order:Yes/No To 1.The Principal Sessions Judge (Special Court for Exclusive Trial of Cases registered under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, Tiruppur. 2.The Deputy Superintendent of Police, Palladam, Tiruppur District.

3.The Inspector of Police, Mangalam Police Station, Tiruppur.

4.The Public Prosecutor, High Court, Madras.

ssr N.ANAND VENKATESH,J ssr 3/4

25.7.2023 4/4