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Madras High CourtCRL OP/18620/2023disposed of

R. Ganapathy v. State Rep.By

2023-08-16Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH R.Ganapathy .. Petitioner

Versus

1. State by its Deputy Superintendent of Police, Kanchipuram, Kanchipuram District.

2. The Inspector of Police, Walajabad Police Station, Walajabad, Kanchipuram District.

(Crime No.555 of 2023) .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal Sessions Judge (Special Judge for SC/ST Act) of Kanchipuram District at Chengalpet to consider the petitioner's bail application on the same day on his surrender in Crime No.555 of 2023 pending investigation on the file of the 2nd respondent. For Petitioner : Mr.K.G.Senthil Kumar For Respondents : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

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This Criminal Original Petition has been filed seeking for a direction to the learned Principal Sessions Judge (Special Judge for SC/ST Act) of Kanchipuram District at Chengalpet to consider the petitioner's bail application on the same day on his surrender in Crime No.555 of 2023 pending investigation on the file of the second respondent.

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 Sessions 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.

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

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Index : yes/no Speaking order/Non-speaking order : yes/no grs Note: Issue order copy on 17.08.2023.

To

1. The Principal Sessions Judge (Special Judge for SC/ST Act) of Kanchipuram District, Chengalpet.

2. The Public Prosecutor, High Court of Madras.

3. The Deputy Superintendent of Police, Kanchipuram, Kanchipuram District.

4. The Inspector of Police, Walajabad Police Station, Walajabad, Kanchipuram District.

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N.ANAND VENKATESH, J.

grs 16.08.2023 4/4