Madras High CourtCRL OP/21803/2023disposed of

Magesh v. Deputy Superintendent Of Police

2023-09-25Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.9.2023

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH 1.Magesh 2.Manikandan 3.Sasi (a) Sasikumar 4.Karthik

...Petitioners

Vs.

1.State rep.by The Deputy Superintendent of Police, Chengalpet, Chengalpet District.

2.The State rep.by The Inspector of Police, Chengalpet Taluk Police Station, Chengalpet District.

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the learned Principal District and Sessions Judge, Chengalpet (Special Judge for SC/ST Act Cases) to consider the bail application of the petitioners concerned in Crime No.163 of 2008 pending trial on the file of he second respondent on 1/4

their surrender.

For Petitioners :

Mr.R.Parthiban For Respondents :

Mr.A.Damodaran, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the learned Principal and Sessions Judge (Special Court for Exclusive Trial of Cases under the SC/ST (POA) Act), Chengalpet to consider the bail application filed by the petitioners on the same day of their surrender in Crime No.163 of 2008 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 2/4

and on such surrender, the learned Special Judge 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.

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

25.9.2023 Note : Issue on 26.9.2023 Index : Yes/No Speaking Order : Yes/No To 1.The Principal District and Sessions Court (Special Court for Exclusive Trial of Cases under the SC/ST (PoA) Act), Chengalpet.

2.The Deputy Superintendent of Police, Chengalpet, Chengalpet District.

3.The Inspector of Police, Chengalpet Taluk Police Station, Chengalpet District.

4.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH,J 3/4

rka 25.9.2023 4/4