Madras High CourtCRL OP/28999/2023ordered

Elango A v. Deputy Superintendent Of Police

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 Elango ... Petitioner Vs.

1. The Deputy Superintendent of Police, Thiruchengode Sub Division, Namakkal District.

2. State Rep. by The Inspector of Police, Mallasamudram Police Station, Namakkal District.

... Respondents (Crime No.193 of 2023) Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Special Court for the exclusive trial of the SC and ST Cases, Namakkal to consider the bail application of the Petitioner on the same day of his surrender in connection with Crime No.193 of 2023 on the file of the 2nd respondent police.

For Petitioner : Mr.C.S.Saravanan 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 Special Court for the exclusive trial of SC and ST (POA) Act Cases, Namakkal to consider the bail application of the Petitioner on the same day of his surrender in connection with Crime No.193 of 2023 on the file of the 2nd respondent police.

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 Special Court for the exclusive trial of SC and ST (POA) Act Cases, Namakkal 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 Special Court for the exclusive trial of SC and ST Cases, Namakkal

2. The Deputy Superintendent of Police, Thiruchengode Sub Division, Namakkal District.

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

4. The Public Prosecutor, High Court, Madras.

P.DHANABAL,J sk/gvn 29.12.2023