Narayanasamy v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Narayanasamy S/o.Chinnakuzhanthai 2.Mallika W/o.Narayanasamy 3.Ezhumalai S/o.Narayanasamy 4.Gomathy D/o.Dharuman 5.Pazhani S/o.Venkatesan 6.Selvam S/o.Saminathan ... Petitioners Vs.

State Represented by The Inspector of Police, All Women Police Station, Gudiyatham, Vellore District (Crime No.09 of 2023) ... Respondent 1/4

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Special Sessions Judge, Vellore (Special Court Designated under Schedule Caste / Schedule Tribes Prevention of Atrocities Act) to accept the surrender of the petitioners and consequently consider their bail application on merits on the same day in Crime No.09 of 2023 on the file of the respondent. For Petitioners : Mr.K.Kannadhasan For Respondent : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed seeking a direction to the learned Special Sessions Judge, Vellore (Special Court Designated under Schedule Caste / Schedule Tribes Prevention of Atrocities Act), to accept the surrender of the petitioners herein concerned in Crime No.09 of 2023 on the file of respondent and consider the bail petition on the same day itself.

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 2/4

surrender before the trial Court within a period of two (2) weeks from the date of receipt of a copy of this order and on such surrender, the learned Special Sessions Judge, Vellore (Special Court Designated under Schedule Caste / Schedule Tribes Prevention of Atrocities Act), 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. This Criminal Original Petition is disposed of with the above direction.

03.08.2023 Note to office: Issue order copy by 04.08.2023 Index : Yes/No Speaking order:Yes/No gm N.ANAND VENKATESH, J 3/4

gm To 1.The Learned Special Sessions Judge, Vellore (Special Court Designated under Schedule Caste/ Schedule Tribes Prevention of Atrocities Act) 2.The Inspector of Police, All Women Police Station, Gudiyatham, Vellore District.

3.The Public Prosecutor High Court of Madras, Madras.

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