Madras High CourtCRL OP/13108/2019disposed of

Dharmalingam v. The Deputy Superintendent Of Police

2019-05-15Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.05.2019

CORAM

THE HONOURABLE Mr.JUSTICE A.D.JAGADISH CHANDIRA CRL.OP.No.13108 of 2019 Dharmalingam ... Petitioner Vs 1.The Deputy Superintendent of Police Pollachi Sub Division Coimbatore District.

2.The Sub Inspector of Police, Gomangalam Police Station Coimbatore District.

Cr.No.62 of 2019 ... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Special Judge for SC/ST Act Cases / the Principal District and Sessions Court, Coimbatore to consider the bail petition to be filed by the petitioner, on his surrender on the same day, on merits and in connection with the case in FIR No.62 of 2019, pending investigation on the file of the 1st respondent police.

For Petitioner : Mr.D.R.Arun Kumar For Respondent : Mrs.P.Kritika Kamal, Govt. Advocate (Crl. Side)

O R D E R

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 Special Judge for SC/ST Act Cases / the Principal District and Sessions Court, Coimbatore, shall deal and dispose the matter on the same day on merits and in accordance with law. 2.In due compliance of Section 15-A of the SC/ST Act, the petitioner shall serve advance notice of surrender and bail, two clear days before the intended date of surrender enclosing additional copies on the Special Public Prosecutor of the concerned Court and the Special Public Prosecutor shall intimate it to the de facto complainant through the respondent police. https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Special Judge for SC/ST Act Cases / the Principal District and Sessions Court, Coimbatore.

2.1.The Deputy Superintendent of Police,Pollachi Sub Division,Coimbatore District.

3.The Sub Inspector of Police,Gomangalam Police Station,Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.R.Arun Kumar, Advocate sr.no.43662 CRL.OP.No.13108 of 2019 nr 17/05/2019 https://hcservices.ecourts.gov.in/hcservices/