Madras High CourtCRL OP/25396/2021disposed of

Vadivazhagan v. The State Represented By

2021-12-23Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR 1.Vadivazhagan 2.Mariyappan 3.Kalaivendhan ... Petitioners

Versus

1.The State Represented by Deputy Superintendent of Police, Ariyalur Division, Ariyalur District.

2. The Inspector of Police, Thirumanur Police Station, Ariyalur District.

(Crime No.388 of 2021) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District and Sessions Judge, (Special Judge for SC & ST Cases), Ariyalur to consider the bail application of the petitioners concerned in Crime No.388 of 2021 on the file of the Inspector of Police, Thirumanur Police Station, Ariyalur Page No.1 of 4

District on their surrender on the same day and pass orders on such terms and conditions as this Court may deem it and proper in the circumstances of the case.

For Petitioners :

Mr.C.Prabakaran For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction, to direct the Principal District and Sessions Judge, (Special Judge for SC & ST Cases), Ariyalur to consider the bail application of the petitioners concerned in Crime No.388 of 2021 on the file of the Inspector of Police, Thirumanur Police Station, Ariyalur District on their surrender on the same day and pass orders on such terms and conditions as this Court may deem fit and proper.

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 Page No.2 of 4

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 or after commencement of normal functioning of the Court, which ever is later and on such surrender, the learned Principal District and Sessions Judge (Special Judge for SC & ST Act cases), Ariyalur, 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.

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

23.12.2021 Index: Yes/No Internet: Yes/No arr Note: Issue order copy by 23.12.2021 Page No.3 of 4

M.N.NIRMAL KUMAR, J arr To

1. The Principal District and Sessions Judge (Special Judge for SC & ST Act cases), Ariyalur.

2. The Deputy Superintendent of Police, Ariyalur Division, Ariyalur District.

3. The Inspector of Police, Thirumanur Police Station, Ariyalur District.

4.The Public Prosecutor, High Court, Madras.

23.12.2021 Page No.4 of 4