Madras High CourtCRL OP(MD)/3611/2019allowed

P.Moorthi v. The Deputy Superintendent Of

2019-03-08Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.3611 of 2019 P.Moorthi : Petitioner / Accused No.15 Vs.

State represented by its 1.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Nilakottai, Dindigul District.

2.The Inspector of Police, Pattiveeranpatti Police Station, Pattiveeranpatti, Dindigul District.

:Respondents 1&2/Complainants 3.Palanikumar :3rd Respondent / De facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Dindigul District, to accept the surrender of the petitioner and consider the petitioner's bail application and grant bail on the same day of surrender itself in Crime No.42 of 2019, dated 20.02.2019 on the file of the 2nd respondent police.

For Petitioner : Mr.V.Muthusamundeeswaran For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Dindigul District, to accept the surrender of the petitioner and consider the petitioner's bail application and grant bail on the same day of surrender itself in Crime No.42 of 2019, dated 20.02.2019 on the file of the 2nd respondent police.

2.The learned Additional Public Prosecutor submitted that the injured has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

3.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 ten days from the date of receipt of a copy of this order and on such surrender, the Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Dindigul District, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victim under Section 15-A of the SC/ST Act. 4.This Criminal Original Petition is disposed of with the above directions.

However, the petitioner is directed to take private notice to the victims intimating the date of his surrender. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar sm To 1.The Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Dindigul District. 2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Nilakottai, Dindigul District.

3.The Inspector of Police, Pattiveeranpatti Police Station, Pattiveeranpatti, Dindigul District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1 CC to M/s.V.MUTHUSAMUNDEESWARAN, Advocate ( SR-52510[F] ) Crl.O.P.[MD].No.3611 of 2019 08.03.2019 DS/ /SAR- (15.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/