Madras High CourtCRL OP/16862/2023disposed of

Arumugam v. The Deputy Superintendent Of Police,

2023-07-27Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.7.2023

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Arumugam

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kangeyam, Tirupur District.

2.The State rep.the Inspector of Police, Kangeyam, Tirupur District.

3.Bakhialakshmi

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the learned Principal District Judge, Special Court for Trial of Cases under the SC/ST (Prevention of Atrocities) Act at Tirupur to consider the bail application on the same day on merits and in accordance with law in the event of surrender of the petitioner in connection with Crime No.312 of 2023 pending on the file of the respondent. 1/4

For Petitioner :

Mr.N.Stalin For Respondents 1 & 2 :

Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the learned Principal District Judge, Special Court for Trial of Cases under the SC/ST (Prevention of Atrocities) Act at Tirupur to consider the bail application of the petitioner on the same day on merits and in accordance with law in the event of his surrender in connection with Crime No.312 of 2023 pending on the file of the second respondent.

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 2/4

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.

27.7.2023 Note : Issue on 28.7.2023 Index : Yes/No Speaking Order : Yes/No To 1.The Principal District Judge (Special Court for Trial of Cases under the SC & ST (Prevention of Atrocities) Act, Tirupur. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kangeyam, Tirupur District. 3.The Inspector of Police, Kangeyam, Tirupur District. 4.The Public Prosecutor, High Court, Madras.

gm 3/4

N.ANAND VENKATESH,J gm 27.7.2023 4/4