Madras High CourtCRL OP(MD)/3804/2019ordered

Siva @ Sivakumar, v. The Deputy Superintendent Of

2019-03-13Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.3804 of 2019 1.Siva @ Sivakumar 2.Ajith Kumar : Petitioners / Accused No.3&4 /Vs./

1. The Deputy Superintendent of Police, Tenkasi Division, Tirunelveli District.

2. State represented by The Inspector of Police, S.V.Karai Police Station, Tirunelveli District.

: Respondents 1&2/Complainants [Crime No.42 of 2019]

3. Iniyaselvam : Respondent No.3 / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Special Sessions Judge (PCR), Tirunelveli, to consider the bail application of the petitioners on the same day of filing in respect of Crime No.42 of 2019 on the file of the first respondent police.

For Petitioners : Mr.M.U.Shameem John For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Special Sessions Judge (PCR), Tirunelveli, to consider the bail application of the petitioners on the same day of filing in respect of Crime No.42 of 2019 on the file of the first respondent police. 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 petitioners are directed to surrender before the trial Court within a period of ten days from the date of receipt of a copy of this https://hcservices.ecourts.gov.in/hcservices/

order and on such surrender, the Special Sessions Judge (PCR), Tirunelveli, 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. However, the petitioner is directed to take private notice to the victim intimating the date of their surrender. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Special Sessions Judge (PCR), Tirunelveli.

2. The Deputy Superintendent of Police, Tenkasi Division, Tirunelveli District.

3. The Inspector of Police, S.V.Karai Police Station, Tirunelveli District.

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

+1 CC to M/s.M.U.SHAMEEM JOHN, Advocate (SR-54403[F] dated 15/03/2019) SM TE : 26/03/2019 : 2P/6C Crl.O.P.[MD].No.3804 of 2019 13.03.2019 https://hcservices.ecourts.gov.in/hcservices/