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Madras High CourtCRL OP/18613/2023disposed of

T.Vijaya Sarathi v. The Deputy Superintendent Of Police

2023-08-16Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. T.Vijaya Sarathi

2. A.Poovarasan

3. A.Dilli @ Dilli Babu

4. M.Balachandar

5. V.Jagan

6. Raj @ Rajkumar .. Petitioners

Versus

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ranipet, Ranipet District.

2. The State rep. by The Inspector of Police, Arakkonam Taluk Police Station, Arakkonam, Ranipet District.

3. Kumar .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District Judge (Special Court for the Scheduled Caste and the Scheduled Tribes) (Prevention of Atrocities) Amendment Act, 2015 at Vellore to consider the petitioners bail application on the same day on merit in accordance with law in the event of 1/5

the surrender of the petitioners in connection with the Crime No.290 of 2023 pending on the file of the 1st and 2nd respondents. For Petitioners : Mr.V.S.Jagadeesan For Respondents : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District Judge (Special Court for the Scheduled Caste and the Scheduled Tribes) (Prevention of Atrocities) Amendment Act, 2015 at Vellore to consider the petitioners' bail application on the same day on merit in accordance with law in the event of the surrender of the petitioners in connection with the Crime No.290 of 2023 pending on the file of the respondents 1 and 2.

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 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 shall deal with the matter on the same day on merits and in accordance with 2/5

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.

16.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs Note: Issue order copy on 17.08.2023.

To

1. The Principal District Judge (Special Court for the Scheduled Caste and the Scheduled Tribes), Vellore.

2. The Public Prosecutor, High Court of Madras.

3. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ranipet, Ranipet District.

4. The Inspector of Police, Arakkonam Taluk Police Station, Arakkonam, Ranipet District.

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N.ANAND VENKATESH, J.

grs 16.08.2023 5/5