Madras High CourtCRL OP/29152/2023ordered

Rajkumar Iyyanar v. The Deputy Comissioner

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.12.2023

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Rajkumar Iyyanar ... Petitioner Vs.

1. The Deputy Commissioner of Police, Salem City, Salem District.

2. State Rep. by Inspector of Police, Salem Town All Women Police Station, Salem District.

(Crime No.86 of 2023) ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District Sessions Judge cum Special Judge for SC/ST Act Cases, Salem to consider the bail application filed by the petitioner in connection with Crime No.86 of 2023 on the file of Inspector of Police, Salem Town All Women Police Station, Salem District on the same day his surrender.

For Petitioner : Mr.A.M.Amutha Ganesh 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 Sessions Judge cum Special Judge for SC/ST (POA) Act Cases, Salem to consider the bail application filed by the petitioner in connection with Crime No.86 of 2023 on the file of Inspector of Police, Salem Town All Women Police Station, Salem District on the same day his surrender.

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 Sessions Judge cum Special Judge for SC/ST (POA) Act Cases, Salem shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section15 (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 Sessions Judge cum Special Judge for SC/ST Act Cases, Salem

2. The Deputy Commissioner of Police, Salem City, Salem District.

3. The Inspector of Police, Salem Town All Women Police Station, Salem District.

4. The Public Prosecutor, High Court, Madras.

P.DHANABAL,J gvn/sk 29.12.2023