Madras High CourtCRL OP/19963/2023disposed of

M.Selvakumar v. Deputy Superintendent Of Police

2023-08-31Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.08.2023

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.19963 of 2023 1.M.Selvakumar 2.Masi @ Magaprabu 3.Ashokan @ Ashok Kumar 4.Bondamani @Manikandan .. Petitioners/Accused 1 to 4 Vs.

1. The Deputy Superintendent of Police, Pollachi Sub Division, Coimbatore District.

2. The State rep. by, The Inspector of Police, Annamalai Police Station, Coimbatore District.

Crime No.379 of 2023.

.. Respondents/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Special Judge for SC and ST cases/Principal District and Sessions Court, Coimbatore to consider the Bail Petition to be filed by the petitioners, on their surrender on the same day, merits in connection with the case in Crime No.379 of

2023 pending investigation on the file of the respondent police. For Petitioners : Mr.V.Anandhamoorthy For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction, directing the Special Judge for SC and ST cases/Principal District and Sessions Court, Coimbatore, to consider the bail application filed by the petitioners on the date of their surrender in Crime No.379 of 2023 on the file of the 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.

31.08.2023 Index :Yes/No Internet:Yes/No Speaking/Non speaking order rka/vca Note : Issue order copy on 01.09.2023 To

1. The Deputy Superintendent of Police, Pollachi Sub Division, Coimbatore District.

2. The Inspector of Police, Annamalai Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH,J

rka/vca Crl.O.P.No.19963 of 2023 31.08.2023