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Madras High CourtCRL OP(MD)/3621/2019allowed

Krishnan@Kittinan 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.3621 of 2019 Krishnan @ Kittinan : Petitioner / Accused No.1 Vs.

1. The Deputy Superintendent of Police, Andipatti,Theni District.

2. The Inspector of Police, Kadamalaikundu Police Station, Theni District.

[Crime No.38 of 2019]

3. Packiam : Respondents /Complainants PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned District and Sessions Judge, (PCR Court), Theni, Theni District, to consider the petitioner's bail application on the day of surrender on the same day in Crime No.38 of 2019, on the file of the 2nd respondent police. For Petitioner : Mr.V.Sankaranarayanan For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned District and Sessions Judge, (PCR Court), Theni, Theni District, to consider the petitioner's bail application on the same day in Crime No.38 of 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. 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 District and Sessions Judge, (PCR Court), https://hcservices.ecourts.gov.in/hcservices/

Theni, Theni 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 (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The District and Sessions Judge, (PCR Court), Theni, Theni District

2. The Deputy Superintendent of Police, Andipatti,Theni District.

3. The Inspector of Police, Kadamalaikundu Police Station, Theni District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.SANKARA NARAYANAN, Advocate (SR-52518[F] dated 08/03/2019) SM TE : 25/03/2019 : 2P/6C Crl.O.P.[MD].No.3621 of 2019 08.03.2019 https://hcservices.ecourts.gov.in/hcservices/