Madras High CourtCRL OP/29084/2023ordered

Karthik v. State Rep By

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

1. Karthik

2. Sakthivel

3. Sampath ... Petitioners Vs.

1. State Rep. by The Deputy Superintendent of Police, Dharmapuri Division, Dharmapuri District.

2. The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri.

... Respondents (Crime No.634 of 2023) Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge, Dharmapuri, to consider and pass orders on bail application to be filed by Petitioners on the same day of their surrender in connection with Crime No.634 of 2023 pending on the file of the 2nd respondent. For Petitioners : Mr.J.Bharathiraja 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, Dharmapuri, (Special Court for SC/ST (POA) Act) to consider and pass orders on bail application to be filed by Petitioners on the same day of their surrender in connection with Crime No.634 of 2023 pending on the file of the 2nd respondent.

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 petitioners are 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, Dharmapuri, (Special Court for SC/ST (POA) Act) 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, Dharmapuri,

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

3. The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri.

4. The Public Prosecutor, High Court, Madras.

P.DHANABAL,J gvn/sk 29.12.2023