Madras High CourtCRL OP/21920/2021disposed of

A.Sundaravadivel v. Assistant Commissioner Of Police

2021-11-23Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.21920 of 2021 1.A.Sundaravadivel 2.Parthiban D.

3.M.Santhakumar ... Petitioners / A1 2 & 3 Petitioners Rank not known

Versus

1.The Assistant Commissioner of Police, Avadi, Ambatur Police Station, Chennai.

2.State Rep.by The Inspector of Police, Avadi Police Station, Tiruvallur District (Cr.No.2005 of 2021) ... Respondents/ Complainant PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to direct the Learned Special Court for the Exclusive Trial of SC and ST Cases Tiruvallur to consider the bail application of the petitioners on the same day of their surrender in connection with Crime No.2005 of 2021 on the file of the 2nd respondent police. For Petitioners :

Mr.T.Arivarasan For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned Special Court for the Exclusive Trial of SC and ST Cases Tiruvallur to consider the bail application of the petitioners on the same day of their surrender in connection with Crime No.2005 of 2021 on the file of the 2nd respondent police.

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

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, of course after commencement of normal functioning of the Court, which ever is later and on such surrender, the Learned Special Court for the Exclusive Trial of SC and ST Cases Tiruvallur, 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. 3.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sms To 1.The Special Court for the Exclusive Trial of SC and ST Cases Tiruvallur.

2.The Assistant Commissioner of Police, Avadi, Ambatur Police Station, Chennai.

3.State Rep.by The Inspector of Police, Avadi Police Station, Tiruvallur District (Cr.No.2005 of 2021) 4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Arivarasan, Advocate, S.R.No.60461 CRL.O.P.No.21920 of 2021 MG(CO) SB(01/12/2021) https://hcservices.ecourts.gov.in/hcservices/