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Madras High CourtCRL OP/24940/2023ordered

Sekar @ Kuppuswamy v. State Rep.By

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

THE HIGH COURT OF JUDICATURE AT MADRAS DATED :26.10.2023

CORAM

THE HONOURABLE MRS.JUSTICE R. KALAIMATHI 1.Sekar @ Kuppuswamy 2.Rengaraj 3.Jayaraman 4.Elaiyaraj 5.Prabakar 6.Vijayakumar 7.Vadivel 8.Manivel ... Petitioners Vs.

1.State represented by The Inspector of Police, Padalur Police Station, Perambalur District, Crime No.308/2023.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, directing the learned District and Session Judge Special Court for SC and ST Perambalur District to accept the surrender of the petitioners in Cr.No.308/2003 pending investigation on the file of the respondent Police to consider their bail applications on the same day. For Petitioners : Mr.E.Kannadasan 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 District and Session Judge Special Court for SC and ST Perambalur District, to consider the bail application filed by the petitioners on the date of their surrender in Crime No.308 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 District and Session Judge Special Court for SC and ST Perambalur District 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 District and Session Judge Special Court for SC and ST, Perambalur District.

2. The Deputy Superintendent of Police, Namakkal Town, Namakkal District.

3.The Inspector of Police, Namakkal Police Station, Namakkal District.

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

R.KALAIMATHI, J.

skr/vv 26.10.2023