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Madras High CourtCRL OP/22863/2021disposed of

Ganesan v. Deputy Superintendent Of Police

2021-12-02Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12..2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR 1.Ganesan 2.Gunasekaran 3.Sureshkumar 4.Veeralakshmi ... Petitioners

Versus

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

2. The Inspector of Police, Sevvapet Police Station, Thiruvallur District.

(Crime No.474 of 2021) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the District and Sessions Court Thiruvallur (Special Judge for S.C. & S.T. Act) to consider their surrender and pass favorable orders on the bail application filed by the petitioners on the same day in connection with Crime No.474 of 2021 on Page No.1 of 4

the file of the respondent police.

For Petitioners :

Mr.V.Kayalvizhi For Respondents :

Mr.E.Raj Thilak Government Advocate(crl.side)

O R D E R

This petition has been filed seeking a direction, to direct the District and Sessions Court Thiruvallur (Special Judge for S.C. & S.T. Act) to consider their surrender and pass favorable orders on the bail application filed by the petitioners on the same day in connection with Crime No.474 of 2021 on the file of the 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 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 or after commencement of normal functioning of the Court, which ever is later and on such surrender, the learned District and Sessions Judge (Special Judge for Page No.2 of 4

SC/ST Act), Thiruvallur, 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.

02.12.2021 Index: Yes/No Internet: Yes/No arr Note: Issue order copy by 02.12.2021 Page No.3 of 4

M.NIRMAL KUMAR, J.

arr To 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvallur District.

2. The Inspector of Police, Sevvapet Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

4. The District and Sessions Court, (Special Judge for S.C/S.T. Act), Thiruvallur.

02.12.2021 Page No.4 of 4