Madras High CourtCRL OP/26065/2021disposed of

Elangovan v. Deputy Superintendent Of Police

2022-01-05Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.26065 of 2021 1.Elangovan 2.Thirugnanam 3.Karthick 4.Renganathan

...Petitioners/Accused 1, 3 to 5

Versus

1. The Deputy Superintendent of Police, Jayankondam, Ariyalur District, Crime No.412 of 2021.

2. Inspector of Police, Udayarpalayam Police Station, Crime No.412 of 2021.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem to consider the bail application on the same day on surrender of the petitioner in Crime No.412/2021 on the file of the respondent police.

For Petitioners:

Mr.R.Nalliyappan.

For Respondents:

Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction, to direct the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem to consider the bail application on the same day on surrender of the petitioner in Crime No.412/2021 on the file of the respondent police.

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 or after commencement of normal functioning of the Court, which ever is later and on such surrender, the learned Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem, 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.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mpl/dna To

1. The Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem.

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

3. The Inspector of Police, Udayarpalayam Police Station.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Nalliyappan, Advocate, S.R.No.1402 [28/04/2022] CRL.O.P.No.26065 of 2021 JP-II(CO) RGA(05/01/2022)