Madras High CourtCRL OP/20451/2019disposed of

Thamil @ Thamilarasi v. The Deputy Superintendent Of Police

2019-07-31Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.20451 of 2019

1. Thamil @ Thamilarasi

2. Palaniyappa Gounder @ Palaniyappan

3. Peria Kannu Gounder Alias Shanmugam Gurunathagounder

4. Kuppusamy @ Kuppusamy Gounder

...Petitioners

Vs.

1. The Deputy Superintendent of Police, Anthiyur Sub Division, Erode District.

2.The Sub Inspector of Police, Vellithiruppur Police Station, Erode District

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Special Judge of SC & ST Act cases / Principal Sessions Court, Erode to consider the Bail petition to be filed by the petitioners on their surrender on the same day on merits in connection with the case in Crime No.254 of 2018, pending investigation on the file of the 1st respondent police.

For Petitioner : Mr.R.Ramkumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction, directing the Special Court, SC & ST Cases, Erode District to consider the bail application filed by the petitioner on the date of thier surrender in Crime No.254 of 2018 on the file of the 1st respondent 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 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 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.

31.07.2019 Index : Yes/No Internet: Yes/No Speaking/Non-Speaking rka Note: Issue order copy 06.08.2019 To

1. The Special Court for SC/ST Cases, Erode District.

2. The Deputy Superintendent of Police, Anthiyur Sub Division, Erode District.

3.The Sub Inspector of Police, Vellithiruppur Police Station, Erode District 3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J., rka Crl.O.P.No.20451 of 2019 31.07.2019