Madras High CourtCRL OP(MD)/4141/2019ordered

G.Sekar, S/O.Ganapathi v. The Deputy Superintendent Of

2019-03-19Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.4141 of 2019 G.Sekar : Petitioner / Accused No.2 /Vs./ 1.The State represented by The Deputy Superintendent of Police, Thoothukudi Rural Police Station, Thoothukudi District. 2.The Inspector of Police, SIPCOT Police Station, Thoothukudi District. : Respondents 1&2 / Complainants [Crime No.31 of 2019] 3.Kasirajan : Respondent No.3 / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the District Sessions Court, (SC/ST (POA) Act), Thoothukudi, to consider the surrender and bail application filed by the petitioner in Crime No.31 of 2019 pending on the file of the SIPCOT Police Station on the same day.

For Petitioner : Mr.R.Krishnan For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the District Sessions Court, (SC/ST (POA) Act), Thoothukudi, to consider the surrender and bail application filed by the petitioner in Crime No.31 of 2019 pending on the file of the SIPCOT Police Station on the same day. 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 District Sessions Court, (SC/ST (POA) Act), Thoothukudi, 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.

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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(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The District Sessions Court, (SC/ST (POA) Act), Thoothukudi.

2.The The Deputy Superintendent of Police, Thoothukudi Rural Police Station, Thoothukudi District.

3.The Inspector of Police, SIPCOT Police Station, Thoothukudi District.

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

+1cc to Mr.R.Krishnan, Advocate, SR.No.55601 Crl.O.P.[MD].No.4141 of 2019 SP/01.04.2019/ 2P/6C https://hcservices.ecourts.gov.in/hcservices/