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Madras High CourtCRL OP/24945/2023ordered

John Jebasingh S v. The Assistant Commissioner Of Police

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 John Jebasingh ... Petitioner Vs.

1.The Assistant Commissioner of Police, Coimbatore Central Sub Division, Coimbatore District.

2.State rep by The Inspector of Police, Race Course Police Station, Coimbatore City, Coimbatore District.

Crime No.382 of 2022 ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, directing the learned District and Sessions Judge, Coimbatore to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Cr.No.382/2022 on the file of the 2nd respondent Police.

For Petitioner : Mr.S.Mohammed Shaik Mydeen 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 Sessions Judge, Coimbatore, to consider the bail application filed by the petitioner on the date of his surrender in Crime No.382 of 2022 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 District and Sessions Judge, Coimbatore 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 Sessions Judge, Coimbatore.

2. The Assistant Commissioner of Police, Coimbatore Central Sub Division, Coimbatore District.

3.The Inspector of Police, Race Course Police Station, Coimbatore City, Coimbatore District.

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

R.KALAIMATHI, J.

skr/vv 26.10.2023