Ellappan v. The Deputy Superintendent Of Police, (Dsp),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.25048 OF 2021

1. Ellappan

2. Raja

3. Pattusamy

4. Balachandar ... Petitioners/Accused 1 to 4

Versus

1. The Deputy Superintendent of Police (DSP), Thiruvannamalai (Rural), Thiruvannamalai District.

2. The State By The Inspector of Police, Thandrampet Police Station, Thiruvannamalai District, Crime No.582 of 2021.

... Respondents/Complainant PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District Sessions Judge, (Special Judge for SC/ST Act Cases), Thiruvannamalai to consider the bail petition on the same day on the event of petitioners surrender and seek bail in the case pending enquiry in Crime No.582 of 2021 on the file of the Inspector of Police, Thandrampet Police Station, Thiruvannamalai District.

For Petitioners :

Mr.S.Silambu Selvan For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the learned Principal District Sessions Judge, (Special Judge for SC/ST Act Cases), Thiruvannamalai to consider the bail petition on the same day on the event of petitioners surrender and seek bail in the case pending enquiry in Crime No.582 of 2021 on the file of the Inspector of Police, Thandrampet Police Station, Thiruvannamalai District.

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 Sessions Judge, (Special Judge for SC/ST Act Cases), Thiruvannamalai, 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 (3) of the SC/ST Act. It makes it clear that without going into the merits of this case, this Court is inclined to dispose the matter and it is for the trial Court to decide the case on its own merit.

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

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ah To 1.

The learned Principal District Sessions Judge, (Special Judge for SC/ST Act Cases), Thiruvannamalai.

2.

The Deputy Superintendent of Police (DSP), Thiruvannamalai (Rural), Thiruvannamalai District.

3.

The Inspector of Police, Thandrampet Police Station, Thiruvannamalai District

4.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Silambu Selvan, Advocate, S.R.No.68988 CRL.O.P.NO.25048 OF 2021 AK(CO) PBS/22/12/2021