Madras High CourtCRL OP(MD)/3814/2019ordered

Senthil @ Senthilan 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.3814 of 2019 Senthil @ Senthilan : Petitioners / Sole Accused /Vs./ 1.The Deputy Superintendent of Police, Valliyoor Division, Tirunelveli District.

2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

: Respondents 1&2 / Complainants [Crime No.138 of 2019] 3.Kanmani : Respondent No.3 / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned II Additional District & Sessions Judge (Special Court for PCR Cases), Tirunelveli, to consider the petitioner's bail application on the same day of his surrender in Crime No.138 of 2019 on the file of the Inspector of Police, Panagudi Police Station, Tirunelveli District. For Petitioner : Mr.P.Manianandh For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct thelearned II Additional District & Sessions Judge (Special Court for PCR Cases), Tirunelveli, to consider the petitioner's bail application on the same day of his surrender in Crime No.138 of 2019 on the file of the Inspector of Police, Panagudi Police Station, Tirunelveli District. 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 ten days from the date of receipt of a copy of this order and on such surrender, the II Additional District & Sessions Judge (Special Court for PCR Cases), 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. https://hcservices.ecourts.gov.in/hcservices/

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 his surrender. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The II Additional District & Sessions Judge(Special Court for PCR Cases), Tirunelveli.

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

3.The Inspector of Police, Panagudi Police Station, Tirunelveli Dist.

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

+1cc to Mr.P.Manianandh,Advocate, SR.No.53837 Crl.O.P.[MD].No.3814 of 2019 SP/21.03.2019/ 2P/6C https://hcservices.ecourts.gov.in/hcservices/