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Madras High CourtCRL OP/17749/2023disposed of

G.Ponnusamy v. The Deputy Superintendent Of Police,

2023-08-07Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1. G. Ponnusamy ... Petitioner No.1

2. G. Rajarethinam ... Petitioner No.2 Vs.

1. The Deputy Superintendent of Police, Mayiladuthurai, Mayiladuthurai District.

2. State by The Inspector of Police, Perambur Police Station, Mayiladuthurai District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the District and Sessions Judge (Special Court for SC/ST Act) Mayiladuthurai to consider the bail application to be filed by the petitioner in Cr. No.293/2023 on the file of the Inspector of Police, Perambur Police Station, Mayiladuthurai District on the same day.

For Petitioner : M/s. S. P. Harikrishnan For Respondents : Mr. A.Damodaran, Additional Public Prosecutor.

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O R D E R

This Criminal Original Petition has been filed seeking a direction to the District and Sessions Judge (Special Court for SC/ST Act) Mayiladuthurai, to consider the bail application filed by the petitioner on the date of his surrender in Crime No.293 of 2023 on the file of the 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 petitioner is 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.

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

07.08.2023 Index : Yes/No Speaking order:Yes/No rka Note : Issue on 08.08.2023 To

1. The District and Sessions Judge (Special Court for SC/ST Act) Mayiladuthurai

2. The Deputy Superintendent of Police, Mayiladuthurai, Mayiladuthurai District.

3. State by The Inspector of Police, Perambur Police Station, Mayiladuthurai District.

4.. The Additional Public Prosecutor Madras High Court, Madras.

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N.ANAND VENKATESH, J rka 07.08.2023 4/4