Shanmugavel v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Shanmugavel S/o.Kathavarayan 2.Rajaram S/o.Venkadesan

...Petitioners

Vs 1.The State represented by The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Villupuram Range, Villupuram District.

2.The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.

Crime No.338 of 2023 ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the learned Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Villupuram, to accept the surrender petition filed by the petitioner and on the same day consider the bail application in Crime No.338 of 2023 in Villupuram Taluk Police Station, Villupuram, second respondent herein. 1/4

For Petitioners : Mr.P.Muthamizhselvakumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This petition has been filed seeking a direction to the learned Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Villupuram, to accept the surrender of the petitioners herein concerned in Crime No.338 of 2023 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 petitioners are 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 learned Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Villupuram, 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.

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This Criminal Original Petition is disposed of with the above 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 Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Villupuram.

2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Villupuram Range, Villupuram District.

3.The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.

Crime No.338 of 2023 4.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J gm 21.08.2023 4/4