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Madras High CourtCRL OP/18951/2023disposed of

Sharavanan v. Deputy Superintendent Of Police

2023-08-18Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.08.2023

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.18951 of 2023 1.Sharavanan, S/o.Chinnathambi.

2.K.Malathi, W/o.Saravanan.

.. Petitioners Vs.

1.The Deputy superintendent of Police, Mangamma Salai, Vazhapadi, Salem District.

2.The Sub-Inspector of Police, Vazhapadi Police Station, Salem District.

(Crime No.410 of 2023) .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code,to direct Special Court constituted under SC/ST (Prevention of Atrocities) Act, Principal Sessions Judge, Salem to consider their bail application on their surrender on the same day in respect of Crime No.410 of 2023 on the file of the 2nd Respondent Police.

For Petitioners : Mr.B.Kumarasamy For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the Principal Sessions Judge, Salem to consider the bail application filed by the petitioners on the date of their surrender in Crime No.410 of 2023 on the file of the 2nd respondent 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 Special 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 of with the above directions.

18.08.2023 Index :Yes/No Internet:Yes/No Speaking/Non speaking order rka/mkn-ii Note : Issue order copy on 21.08.2023 To

1. The Principal Sessions Judge, Salem

2. The Deputy superintendent of Police, Mangamma Salai, Vazhapadi, Salem District.

3.The Sub-Inspector of Police, Vazhapadi Police Station, Salem District.

4.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH,J rka/mkn-ii Crl.O.P.No.18951 of 2023 18.08.2023