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Madras High CourtCRL OP(MD)/3819/2019ordered

Gurusamy, S/O.Late. Sanjeevi 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.3819 of 2019 Gurusamy : Petitioner / Sole Accused /Vs./ 1.The Deputy Superintendent of Police, Rajapalayam Division, Virudhunagar District.

2.The Inspector of Police, North Police Station, Rajapalayam, Virudhunagar District.

: Respondents 1&2 / Complainants [Crime No.156 of 2019] 3.V.Kalidoss : Respondent No.3 / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Virudhunagar District at Srivilliputhur, to consider the bail application filed by the petitioner herein and pass orders on the same day, if the petitioner surrenders before the said Court in connection with the case in Crime No.156 of 2019 on the file of the 2nd respondent.

For Petitioner : Mr.M.Solaisamy For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor For R-3 : Mr.A.K.Manickam

ORDER

This petition has been filed to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Virudhunagar District at Srivilliputhur, to consider the bail application filed by the petitioner herein and pass orders on the same day, if the petitioner surrenders before the said Court in connection with the case in Crime No.156 of 2019 on the file of the 2nd respondent. 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 https://hcservices.ecourts.gov.in/hcservices/

order and on such surrender, the Special Judge for SC/ST (Prevention of Atrocities) Virudhunagar District at Srivilliputhur, 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 his surrender. 4.The third respondent herein is represented through counsel and he states that the third respondent is an Advocate Clerk. The complainant is also directed to give private notice to the third respondent as to the date of which the petitioner is proposed to surrender before the trial Court.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Special Judge for SC/ST (Prevention of Atrocities) Virudhunagar District at Srivilliputhur.

2.The Deputy Superintendent of Police, Rajapalayam Division, Virudhunagar District.

3.The Inspector of Police, North Police Station, Rajapalayam, Virudhunagar District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.SOLAISAMY, Advocate ( SR-53741[F] dated 13/03/2019 ) SM Crl.O.P.[MD].No.3819 of 2019 13.03.2019 KM/(18.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/