Kumar v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.12.2023

CORAM

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

1. The Deputy Superintendent of Police, Dharmapuri, Dharmapuri District.

2. The Sub-Inspector of Police, Dharmapuri Police Station, Dharmapuri, Dharmapuri District.

(Crime No.634 of 2023) ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal and District Sessions Judge, Dharmapuri, Dharmapuri District to accept the surrender of the above named petitioner herein in Crime No.634 of 2023 on the file of Sub-Inspector of Police, Dharmapuri Police Station, Dharmapuri District and consider his bail petition on the same day itself.

For Petitioner : Mr.M.R.Jothimanian 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 and District Sessions Judge, Dharmapuri, Dharmapuri District (Special Court for SC/ST (POA) Act cases) to accept the surrender of the above named petitioner herein in Crime No.634 of 2023 on the file of Sub-Inspector of Police, Dharmapuri Police Station, Dharmapuri District and consider his bail petition on the same day itself.

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 and District Sessions Judge, Dharmapuri, Dharmapuri District (Special Court for SC/ST (POA) Act cases) 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 and District Sessions Judge, Dharmapuri, Dharmapuri District

2. The Deputy Superintendent of Police, Dharmapuri, Dharmapuri District.

3. The Sub-Inspector of Police, Dharmapuri Police Station, Dharmapuri, Dharmapuri District.

4. The Public Prosecutor, High Court, Madras.

P.DHANABAL,J gvn/sk 29.12.2023