Madras High CourtCRL OP/24918/2023ordered

Vinothkumar v. The Deputy Superintendent Of Police,

2023-10-26Honourable Mrs Justice R. Kalaimathi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.10.2023

CORAM

THE HONOURABLE MRS.JUSTICE R. KALAIMATHI Vinothkumar ... Petitioner Vs.

1.The Deputy Superintendent of Police, Bhavani Sub-Division, Erode District.

2.State rep.by The Inspector of Police, Bargur Police Station, Erode District.

Crime No.43 of 2023 ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, directing the learned Principal Sessions Judge cum Special Judge for SC/ST cases, Erode to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.43 of 2023 on the file of the second respondent police. For Petitioner : Mr.T.Sudhan Raj 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 learned Principal Sessions Judge cum Special Judge for SC/ST cases, Erode, to consider the bail application filed by the petitioner on the date of his surrender in Crime No.43 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 petitioner is 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 Principal Sessions Judge cum Special Judge for SC/ST cases, Erode 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 Sessions Judge cum Special Judge for SC/ST cases, Erode.

2. The Deputy Superintendent of Police, Bhavani Sub-Division, Erode District.

3.The Inspector of Police, Bargur Police Station, Erode District.

4.The Public Prosecutor, Madras High Court, Chennai.

R.KALAIMATHI, J.

skr/vv 26.10.2023