Murugan @ Murugesan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.21451 of 2021 1.Murugan @ Murugesan 2.Neruppu @ Saran 3.Parthiban 4.Manikandan 5.Viswanathan 6.Ganesan ... Petitioners

Versus

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

2. State rep. by its The Inspector of Police, Puduchattram Police Station, Namakkal District.

(Crime No.670 of 2021) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Judge, Special Court for SC/ST Act Cases, Namakkal District to consider the bail application filed by the petitioners on their surrender in connection with Crime No.670 of 2021 on the file of the second respondent police on the same day. (Prayer amended as per order of the Court dated 17.11.2021) For Petitioners : Mr.W.Camyles Gandhi 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 Judge, Special Court for SC/ST Act Cases, Namakkal District to consider the bail application filed by the petitioners on their surrender in connection with Crime No.670 of 2021 on the file of the second respondent police on the same day.

2.The learned counsel appearing for the petitioners seeks permission of this Court to correct the prayer in this Criminal Original Petition.

3.Recording the same, this Court grants permission to carry out the same.

4.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, Special Court for SC/ST Act Cases, Namakkal District, 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.

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

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ah

To

1. The Special Judge, Special Court for SC/ST Act Cases, Namakkal District.

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

3. The Inspector of Police, Puduchattram Police Station, Namakkal District.

4. The Public Prosecutor, High Court, Madras.

+1CC to Mr.W.Camyles Gandhi, Advocate, Sr.No.58930 CRL.O.P.No.21451 of 2021 PA (CO) K.RK. (18.11.2021)