Vijayakumar v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2023

CORAM

THE HONOURABLE MRS.JUSTICE R. KALAIMATHI 1.Vijayakumar 2.Karpagam ... Petitioners Vs.

1.The Superintendent of Police, Thiruvannamalai Head Quarters - SP Office, District Collectorate Campus, Vengikal, Thiruvannamalai District, Thiruvannamalai - 606 604.

2.The State rep by the Sub-Inspector of Police, Thiruvannamalai Police Station, Chetpet, Crime No.304/2023 ... Respondentss Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, directing the Principal District and Sessions Judge, Special Judge, for Sc/St (Prevention of Atrocities) Act, Tiruvannamalai to consider and dispose of the bail application of the petitioner on merits in Connection with the case in Crime No.304/2023 on the file of the Sub Inspector of Police, Chetpet Police Station, Tiruvannamalai District on the same

For Petitioners : Mr.L.P.Shanmugasundaram For Respondents : Mr.L.Baskaran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction, directing the Principal District and Sessions Judge, [Special Judge, for SC and ST (Prevention of Atrocities) Act], Tiruvannamalai, to consider the bail application filed by the petitioners on the date of thier surrender in Crime No. 304 of 2023 on the file of the respondent on the same day.

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 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.

26.10.2023 Index : Yes / No skr/vv To

1. The Principal District and Sessions Judge, Special Judge for Sc/St POA Act, Tiruvannamalai.

2. The Superintendent of Police, Thiruvannamalai Head Quarters - SP Office, District Collectorate Campus, Vengikal, Thiruvannamalai District, Thiruvannamalai - 606 604.

3.The State rep by the Sub-Inspector of Police, Thiruvannamalai Police Station, Chetpet, 4.The Public Prosecutor, Madras High Court, Chennai.

R.KALAIMATHI, J.

skr/vv 26.10.2023