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Madras High CourtCRL OP/17130/2023disposed of

Ezhilarasi v. The State Rep By The Deputy Superintendent Of Police

2023-07-31Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. Ezhilarasi

2. Vimala .. Petitioners

Versus

1. The State, Rep by The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Thiruvarur, Thiruvarur District.

2. The Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur District.

(Crime No.341 of 2023) .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st Additional District and Sessions Court for PCR Act Cases, Thanjavur to accept the surrender petition filed by the petitioner and on the same day consider the bail application in Crime in 341 of 2023 pending on the file of the Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur District the 2nd respondent herein. 1/5

For Petitioners : Mr.P.Muthamizhselvakumar For Respondents : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the I Additional District and Sessions Court for PCR Act Cases, Thanjavur to accept the surrender petition filed by the petitioners and on the same day, consider the bail application in Crime No.341 of 2023 pending on the file of the Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur District, the second respondent herein.

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 I Additional District and Sessions Court for PCR Act Cases, Thanjavur shall deal with 2/5

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 off with the above directions.

31.07.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs Note: Issue order copy on 01.08.2023.

To

1. The I Additional District and Sessions Court, for PCR Act Cases, Thanjavur.

2. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Thiruvarur, Thiruvarur District.

3. The Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur District.

4. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 31.07.2023 5/5