Madras High CourtCRL OP/16739/2023disposed of

N.Rajesh v. State Rep By

2023-07-26Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. N.Rajesh

2. Narayanasamy

3. N.Mallika

4. N.Ezhumalai

5. Komathi

6. Palani .. Petitioners

Versus

1. State Rep by its Deputy Superintendent of Police, Gudiyatham Vellore District.

2. State Rep by its Inspector of Police, All Women Police Station, Gudiyatham, Vellore District.

.. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court for the Exclusive Trial of Scheduled Caste and Scheduled Tribes Cases, Vellore to accept the bail application of the petitioners on the same day of presentation in Crime No.09 of 2023 on the file of the respondent Police. For Petitioners : Mr.S.Viswanathan For Respondents : Mr.A.Damodaran, Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed seeking to direct the Special Court for the Exclusive Trial of Scheduled Caste and Scheduled Tribes Cases, Vellore to accept the bail application of the petitioners on the same day of presentation in Crime No.09 of 2023 on the file of the respondent Police.

2. It is brought to the notice of this Court that the first petitioner has already been remanded to the judicial custody. In view of the same, nothing survives in this petition insofar as the first petitioner is concerned.

3. 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 2 to 6 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 and on such surrender, the learned Special Judge, shall deal with the matter on the same day on merits and in 2/5

accordance with law, after issuing notice to the victims under Section 15(A) of the SC/ST Act.

4. This Criminal Original Petition is disposed off with the above directions.

26.07.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs Note: Issue order copy on 27.07.2023.

1. The Special Court for the Exclusive Trial of Scheduled Caste and Scheduled Tribes Cases, Vellore.

2. The Public Prosecutor, High Court of Madras.

3. The Deputy Superintendent of Police, Gudiyatham, Vellore District.

4. The Inspector of Police, All Women Police Station, Gudiyatham, Vellore District.

3/5

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N.ANAND VENKATESH, J.

grs 26.07.2023 5/5