Madras High CourtCRL OP/21191/2023disposed of

Arunkumar v. State Rep.By

2023-09-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.9.2023

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH 1.Arunkumar 2.Selvan (a) Selvakumar

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Pollachi Sub-Division, Coimbatore District.

2.The Inspector of Police Anamalai Police Station, Coimbatore District.

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the Special Judge for SC & ST Cases/Principal District and Sessions Court, Coimbatore to consider the bail petition to be filed by the petitioners on their surrender on the same day on merits in connection with the case in Crime No.323 of 2023 pending investigation on the file of the respondent police. 1/4

For Petitioners :

Mr.V.Anandamoorthy For Respondents :

Mr.A.Damodaran, APP

ORDER

This Criminal Original Petition has been filed seeking to direct the Principal District and Sessions Court (Special Judge for Exclusive Trial of Cases under the SC & ST (POA) Act), Coimbatore to consider the bail petition to be filed by the petitioners on the same day of their surrender on merits in connection with the case in Crime No.323 of 2023 pending investigation on the file of the second respondent.

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 Trial Judge shall deal with the 2/4

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.

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

14.9.2023 Note : Issue on 15.9.2023 Index : Yes/No Speaking Order : Yes/No To 1.The Principal District and Sessions Court (Special Judge for Exclusive Trial of Cases under the SC/ST (POA) Act), Coimbatore.

2.The Deputy Superintendent of Police, Pollachi Sub-Division, Coimbatore District.

3.The Inspector of Police Anamalai Police Station, Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

gm N.ANAND VENKATESH,J 3/4

gm 14.9.2023 4/4