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Madras High CourtCRL OP/34782/2019disposed of

Elumalai v. The Deputy Superintendent

2020-01-08Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.34782 of 2019 Elumalai

...Petitioner/Accused

-Vs1. The Deputy Superintendent of Police, Villupuram Division, Villupuram District.

2. The State represented by The Inspector of Police, All Women Police Station, Villupuram District.

( Crime No.18 of 2019) ...Respondents/Complainant Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Special Court for Exclusive Trial of Cases under the POCSO Act 2012 at Villupuram, Villupuram District to accept the surrender of the petitioners herein concerned in Crime No.18 of 2019 on the file of the Inspector of Police, All Women Police Station, Villupuram District and consider the bail petition on the same day itself. For Petitioner : Mr.S.Manikandan For respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Special Court for Exclusive Trial of Cases under the POCSO Act 2012 at Villupuram, Villupuram District to accept the surrender of the petitioners herein concerned in Crime No.18 of 2019 on the file of the Inspector of Police, All Women Police Station, Villupuram District and consider the bail petition on the same day itself.

1/2 https://hcservices.ecourts.gov.in/hcservices/

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, learned Special Judge for Exclusive Trial of Cases under the POCSO Act 2012 at Villupuram, Villupuram District 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 /True Copy/ Sub Assistant Registrar To

1. The Special Judge, Special Court for Exclusive Trial of Cases under the POCSO Act 2012 at Villupuram, Villupuram District.

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

3. The Inspector of Police, All Women Police Station, Villupuram District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Manikandan, Advocate SR.NO.2059 AKM/27.01.2020 /2p-6c/ Crl.O.P.No.34782 of 2019 2/2 https://hcservices.ecourts.gov.in/hcservices/