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Madras High CourtCRL OP/20275/2023disposed of

K.Rajavel v. Deputy Superintendent Of Police

2023-09-04Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. K.Rajavel

2. M.Senthilkumar .. Petitioners

Versus

The State rep by its

1. The Deputy Superintendent of Police, O/o Deputy Superintendent of Police, Thittakudi Taluk, Thittakudi.

Cuddalore District.

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

(Crime No.: 185 of 2023) .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, Cuddalore (Special Court for Exclusive Trial of Cases) registered under the SC/ST Prevention of Atrocities Act 1989 r/w new Amendment Act, 2015 at Cuddalore to accept the surrender of the petitioners in Crime No:185 of 2023 on the file of the 2nd respondent Police and consider the bail petition on the same day.

For Petitioners : Mr.H.Rambabu For Respondents : Mr.A.Damodaran, 1/4

Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the learned Principal District and Sessions Judge, Cuddalore (Special Court for Exclusive Trial of Cases) registered under the SC/ST Prevention of Atrocities Act 1989 r/w new Amendment Act, 2015 at Cuddalore to accept the surrender of the petitioners in Crime No:185 of 2023 on the file of the 2nd respondent Police and consider the bail petition 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 Principal District and Sessions Judge, Special Court for Exclusive Trial of Cases, Cuddalore 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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3. This Criminal Original Petition is disposed off with the above directions.

04.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs Note: Issue order copy on 05.09.2023.

To

1. The Principal District and Sessions Judge, Special Court for Exclusive Trial of Cases, Cuddalore.

2. The Deputy Superintendent of Police, O/o Deputy Superintendent of Police, Thittakudi Taluk, Thittakudi.

Cuddalore District.

3. The Inspector of Police, Thittakudi Police Station, Cuddalore District.

4. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 04.09.2023 4/4