Murthy v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2019

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDRA Crl.O.P.No.23373 of 2019 Murthy

...Petitioner/A3

Vs State rep by, Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai District.

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue the direction to the learned District and Sessions Judge, Tiruvannamalai to consider the bail application in Crime No.719 of 2019 on the very same day on the file of the respondent police.

For Petitioner : Mr.M.Govindaraju For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This Criminal Original petition has been filed for a direction to the learned District and Sessions Judge, Tiruvannamalai to consider the bail application in Crime No.719 of 2019 on the very same day on the file of the respondent police, since the offence is pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. In view of the amendments made in the Scheduled Castes and 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 District and Sessions Judge, Tiruvannamalai, shall deal and dispose the matter on the same day on merits and in accordance with law.

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3. 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 defacto complainant through the respondent police.

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

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar hvk/jrs To

1. The District and Sessions Judge, Tiruvannamalai.

2. Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai District.

3. The Public Prosecutor, High Court, Madras +1 CC to Mr.M.Govindaraju, Advocate sr 84611(03/10/2019) Crl.O.P.No.23373 of 2019 NMI(CO) SP(26/09/2019) https://hcservices.ecourts.gov.in/hcservices/