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Madras High CourtCRL OP/26879/2018disposed of

Sivaprakasam v. The State Rep By Its,

2018-11-20Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.26879 of 2018 1.Siva Prakasam 2.Thavaseelan .. Petitioners -vsState Rep. by The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

(Crime No.505 of 2018) ... Respondent Prayer: Criminal Original petition filed under Section 482 of Criminal Procedure Code, praying to direct the Principal District Session Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) to consider the bail petition of the petitioner on the same day in the event of surrender by the petitioner and seeks bail in Crime No.505 of 2018 pending on the file of the Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

For Petitioners : M/s.S.Silambu Selvan For Respondent : Mr.C.Raghavan Government Advocate (Crl.side)

O R D E R

This petition has been filed seeking a direction, directing the Principal District Session Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) to consider the bail petition of the petitioner on the same day in the event of surrender by the petitioner and seeks bail in Crime No.505 of 2018 pending on the file of the Inspector of Police, Kadaladi Police Station, Thiruvannamalai 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 petitioners are directed to surrender before the trial Court within a period of two weeks from the date of https://hcservices.ecourts.gov.in/hcservices/

receipt of a copy of this order and on such surrender, the learned Special Judge 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 Act.

3. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The Principal District Sessions Judge, Thiruvannamalai 2.The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Silambu Selvan, Advocate, S.R.No.78998 CRL.O.P.No.26879 of 2018 GSP(13/12/2018) https://hcservices.ecourts.gov.in/hcservices/