← Library
Madras High CourtCRL OP/28933/2023ordered

Senabathy v. The Deputy Superintendent Of Police,

2023-12-29Honourable Mr.Justice P. Dhanabal4 pages

This judgment came from a scanned document and its text layer is unreliable — words may be garbled. Check the original PDF before relying on any passage.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.12.2023

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Senabathy ... Petitioner Vs.

1. The Deputy Superintendent of Police, Palladam Division, Tiruppur District.

2. Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

... Respondents (Crime No.426 of 2023) Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge/Special Courts for SC/ST Cases, Tiruppur to consider the bail application of the petitioner on the very same day of surrender pertaining to the Crime No.426 of 2023 on the file of the Avinashipalayam Police Station, Tiruppur District. For Petitioner : Mr.P.Parthikannan For Respondents : Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction, to direct the learned Principal District and Sessions Judge/Special Courts for SC/ST (POA) Act Cases, Tiruppur to consider the bail application of the petitioner herein on the very same day of surrender pertaining to the Crime No.426 of 2023 on the file of the Avinashipalayam Police Station, Tiruppur District.

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 District and Sessions Judge/Special Courts for SC/ST (POA) Act Cases, Tiruppur 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 (POA) Act.

3. This Criminal Original Petition is disposed of with the above directions. 29.12.2023 Index :Yes/No Internet:Yes/No Speaking/Non speaking order gvn/sk To

1. The Principal District and Sessions Judge/Special Courts for SC/ST Cases, Tiruppur

2. The Deputy Superintendent of Police, Palladam Division, Tiruppur District.

3. The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

4. The Public Prosecutor, High Court, Madras.

P.DHANABAL,J gvn/sk 29.12.2023