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Madras High CourtCRL OP/19906/2023disposed of

Sathiyamoorthi v. The Deputy Superintendent

2023-09-01Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.9.2023

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Sathiyamoorthi

...Petitioner

Vs.

1.The Deputy Superintendent, Kalasapakkam, Tiruvannamalai District.

2.State : The Sub-Inspector of Police, Kadaladi Police Station, Tiruvannamalai.

...Respondents

Prayer: Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the Principal District and Sessions Judge (Special Court for SC/ST Act) at Tiruvannamalai to accept the surrender of the petitioner in connection with Crime No. 347 of 2022 on the file of the respondent police and to consider and pass orders in the bail application on the same day. For Petitioner :

Mr.K.Narayanan For Respondents :

Mr.A.Damodaran, APP 1/4

ORDER

This Criminal Original Petition has been filed seeking to direct the Principal District and Sessions Judge (Special Court for Trial of Cases under the SC/ST (POA) Act), Tiruvannamalai to accept the surrender of the petitioner in connection with Crime No. 347 of 2022 on the file of the second respondent and to consider and pass orders in the bail application 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. The petitioner is 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. 2/4

3. This Criminal Original Petition is disposed of with the above directions.

01.9.2023 Note : Issue on 04.9.2023 Index : Yes/No Speaking Order : Yes/No To 1.The Principal District and Sessions Judge (Special Court for Trial of Cases under SC/ST (POA) Act), Tiruvannamalai 2.The Deputy Superintendent, Kalasapakkam, Tiruvannamalai District.

3.The Sub-Inspector of Police, Kadaladi Police Station, Tiruvannamalai.

4.The Public Prosecutor, High Court, Madras.

gm 3/4

N.ANAND VENKATESH,J gm 01.9.2023 4/4