Madras High CourtCRL OP(MD)/4043/2019disposed of

Dharmalingam v. The Assistant Commissioner

2019-03-18Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD).No.4043 of 2019 1.Dharmalingam 2.Sangaiah .. Petitioners Vs.

1.The Assistant Commissioner of Police, Anna Nagar, Madurai City.

2.The Inspector of Police, K.Pudur Police Station, Madurai. (Crime No.92 of 2019) 3.Sivagami .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned III Additional Sessions Court Cum Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Madurai to accept the surrender of the petitioners and consider the petitioners' bail application and grant bail on the date of surrender itself in Crime No.92 of 2019, dated 07/03/2019 on the file of the respondent police No.2 police. For Petitioners : Mr.T.Venkatesan For Respondents-1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor ***

O R D E R

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 two weeks from the date of receipt of a copy of this order and on such surrender, the learned III Additional Sessions Court Cum Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Madurai, shall deal and dispose the matter on the same day on merits and in accordance with law. 2.The learned Government Advocate (Crl. side) would submit that the injured person in this case has been discharged from the hospital.

3. In due compliance of Section, 15-A of the SC/ST Act, the petitioners shall serve advance notice of surrender and bail two clear days before the intended date of surrender enclosing additional copies on the Special Public Prosecutor of the concerned Court and the Special Public Prosecutor shall intimate it to the defacto complainant through the respondent police. https://hcservices.ecourts.gov.in/hcservices/

4. This criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The III Additional Sessions Court Cum Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Madurai 2.The Assistant Commissioner of Police, Anna Nagar, Madurai City. 3.The Inspector of Police, K.Pudur Police Station, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.R.VENKATESAN, Advocate, SR.No.55259 Crl.O.P.(MD).No. 4043 of 2019 18.03.2019 KK/SAR-/21.03.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/