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Madras High CourtCRL OP/19719/2021disposed of

Ashok @ Ashokkumar v. The Deputy Superintendent Of Police

2021-10-27Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.19719 of 2021

1. Ashok @ Ashokkumar S/o. Perumal

2. Ravi @ Ravichandran, S/o.Vettaiyan @ Rasu

3. Sukumar @ Sukumaran, S/o. Subramaniyan ... Petitioners

Versus

1. The Deputy Superintendent of Police, Panruti Division, Cuddalore Dt.

2. The State rep. by The Inspector of Police, Muthandikuppam Police Station, Cuddalore District.

(Crime No.412 of 2021) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Court for Exclusive Trial of Schedule Caste and Schedule Tribes Act Cases, Cuddalore to consider the petition of the petitioners on the same day on merits in Crime No.412 of 2021 on the file of Inspector of Police, Muthandikuppam Police Station, Cuddalore District.

For Petitioners :

Mr. G.Pugazhenthi For Respondents :

Mr.R.Vinothraja, Govt. Advocate (Crl.Side)

ORDER

(This case has been heard through video conference) This petition has been filed seeking a direction, to direct the learned Special Court for Exclusive Trial of Schedule Caste and Schedule Tribes Act Cases, Cuddalore District, to accept the surrender of the petitioners and consider the petitioners' bail application on the same day in Crime No.412 of 2021 on the file of the 2nd 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. 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 learned Special Court for Exclusive Trial of Schedule Caste and Schedule Tribes Act Cases, Cuddalore District, 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-IX) //True copy// Sub Assistant Registrar rpp To

1. The Special Judge, Special Court for Exclusive Trial of Schedule Caste and Schedule Tribes Act Cases, Cuddalore

2. The Deputy Superintendent of Police, Panruti Division, Cuddalore Dt.

3. The Inspector of Police, Muthandikuppam Police Station, Cuddalore District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Pugazhenthi, Advocate SR.NO.55259(23/11/2021) CRL.O.P.No.19719 of 2021 GPL(CO) GMY(15/11/2021) PM/23/11/2021