Madras High CourtCRL OP/18998/2023disposed of

Siva @ S.Sivanandam v. Deputy Superintendent Of Police

2023-08-21Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Siva @ S.Sivanandam S/o.Sokkalingam

...Petitioner

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

2.The State represented by its Inspector of Police, Sembanarkoil Police Station, Mayiladuthurai District.

Crime No.286 of 2022 ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying 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 Crime No.286 of 2022 on the file of Inspector of Police, Sembanarkoil Police Station, Mayiladuthurai District, on the same day of his surrender.

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For Petitioner : Mr.S.P.Harikrishnan For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This petition has been filed seeking a direction to the learned District and Sessions Judge (Special Court for SC/ST Act) Mayiladuthurai, to accept the surrender of the petitioner herein concerned in Crime No.286 of 2022 on the file of respondent and consider the bail petition on the same day itself.

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 (2) weeks from the date of receipt of a copy of this order and on such surrender, the District and Sessions Judge (Special Court for SC/ST Act) Mayiladuthurai, 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. This Criminal Original Petition is disposed of with the above 2/4

direction.

21.08.2023 Note to office:

Issue order copy by 22.08.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The District and Sessions Judge (Special Court for SC/ST Act), Mayiladuthurai.

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

3.The Inspector of Police, Sembanarkoil Police Station, Mayiladuthurai District.

Crime No.286 of 2022 4.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J 3/4

gm 21.08.2023 4/4