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Madras High CourtCRL OP/24150/2019ordered

Prasanth v. State Rep. By,

2019-09-05Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2019

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDRA Crl.O.P.No.24150 of 2019

1. Prasanth

2. Parvathi

3. Malarkodi

4. Lakshmi@ Bakiya Lakshmi

...Petitioners/Accused 2,4 to 6

Vs State rep by, The Inspector of Police, Avinankudi Police Station, Cuddalore District.

...Respondent/Complainant

(Crime No.67/2019) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Court for SC/ST Act, Cuddalore District to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connection with Crime No.67 of 2019 on the file of the respondent.

For Petitioners: Mr.K.Kannan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This Criminal Original petition has been filed for a direction to the Principal Sessions Court for SC/ST Act, Cuddalore District to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connection with Crime No.67 of 2019 on the file of the respondent, since the offence is pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

https://hcservices.ecourts.gov.in/hcservices/

2. In view of the amendments made in the Scheduled Castes and 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 Principal Sessions Court for SC/ST Act, Cuddalore District, shall deal and dispose the matter on the same day on merits and in accordance with law.

3. In due compliance of Section 15-A of the SC/ST Act, the petitioners shall serve advance notice of surrender and bail two clear days before the intended date of surrender enclosing additional copies on the Special Public Prosecutor of the concerned Court and the Special Public Prosecutor shall intimate it to the defacto complainant through the respondent police.

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

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar hvk/jrs To

1. Principal Sessions Court for SC/ST Act, Cuddalore District

2. The Inspector of Police, Avinankudi Police Station, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.K.Kannan, Advocate sr 76996.

Crl.O.P.No. 24150 of 2019 RV(CO) SP(20/09/2019) https://hcservices.ecourts.gov.in/hcservices/