Madras High CourtCRL OP/20767/2021disposed of

Loganathan v. The Deputy Superintendent Of Police,

2021-11-02Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.20767 of 2021 1.Loganathan 2.Annakilli ... Petitioners

Versus

1. The Deputy Superintendent of Police, Attur, Salem District.

2. The Inspector of Police, Thalaivasal Police Station, Salem District.

(Crime No.455 of 2021) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Court for the exclusive trial of Scheduled Caste and Scheduled Tribes Act Cases, Salem to consider the bail application on the same day for the petitioners in Crime No.455 of 2021. For Petitioners : Mr.R.Vivekananthan For Respondents : Mr.R.Vinoth Raja Government Advocate [Crl. Side]

O R D E R

This Criminal Original Petition is filed to direct the learned Special Court for the exclusive trial of Scheduled Caste and Scheduled Tribes Act Cases, Salem to consider the bail application on the same day for the petitioners in Crime No.455 of 2021.

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. https://hcservices.ecourts.gov.in/hcservices/

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 Judge, Special Court for the exclusive trial of Scheduled Caste and Scheduled Tribes Act Cases, Salem, 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. It makes it clear that without going into the merits of this case, this Court is inclined to dispose the matter and it is for the trial Court to decide the case on its own merit.

3.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ah To

1. The Deputy Superintendent of Police, Attur, Salem District.

2. The Inspector of Police, Thalaivasal Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

4. The Judge, Special Court for the exclusive trial of Scheduled Caste and Scheduled Tribes Act Cases, Salem.

+1CC to Mr.R.Vivekananthan, Advocate, Sr.No.56970 CRL.O.P.No.20767 of 2021 CP (CO) K.RK. (02.11.2021) https://hcservices.ecourts.gov.in/hcservices/