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Madras High CourtCRL OP/18598/2023disposed of

Malarvannan v. The Deputy Superintendent Of Police

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

1. Malarvannan

2. Pachamuthu

3. Shanmugam .. Petitioners

Versus

1. The Deputy Superintendent of Police, Perambalur, Permabalur District.

2. State rep. by its Inspector of Police, Mangalamedu Police Station, Perambalur, Perambalur District.

.. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal Sessions Judge under SC/ST (POA) Act cases, Perambalur district to consider the bail application filed by the petitioners on his surrender in connection with Crime No.370 of 2023 on the file of the 2nd respondent Police on the same day. For Petitioners : M/s.Desingu.G 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 under SC/ST (POA) Act cases, Perambalur district to consider the bail application filed by the petitioners on their surrender in connection with Crime No.370 of 2023 on the file of the second respondent Police on the same day.

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 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 under SC/ST (POA) Act cases, Perambalur district.

2. The Public Prosecutor, High Court of Madras.

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

4. The Inspector of Police, Mangalamedu Police Station, Perambalur, Perambalur District.

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N.ANAND VENKATESH, J.

grs 16.08.2023 4/4