Madras High CourtCRL OP(MD)/4184/2019ordered

N.C.Jegan, S/O.Chinnamayan v. The Deputy Superintendent Of

2019-03-20Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.4184 of 2019 1.N.C.Jegan : 1st Petitioner / Accused No.1 2.A.Thangapandi 3.M.Ramar 4.P.Pandi 5.M.Nalluchamy : Petitioners 2 to 5 / Accused Rank not known /Vs./ 1.The State represented by The Deputy Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Theni Town Police Station, Theni.

: Respondents 1&2 / Complainants [Crime No.101 of 2019] 3.Sumathi : Respondent No.3 / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions Judge, Special Court for PCR Cases, Theni, to accept the surrender of the petitioners and dispose of the bail petition filed by the petitioners on the same day in connection with Crime No.101 of 2019 on the file of the 2nd respondent Police. For Petitioners : Ms.A.Banumathi For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Principal Sessions Judge, Special Court for PCR Cases, Theni, to accept the surrender of the petitioners and dispose of the bail petition filed by the petitioners on the same day in connection with Crime No.101 of 2019 on the file of the 2nd respondent Police. https://hcservices.ecourts.gov.in/hcservices/

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 order and on such surrender, the learned Principal Sessions Judge, Special Court for PCR Cases, Theni, 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 petitioners are directed to take private notice to the victim intimating the date of their surrender.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The learned Principal Sessions Judge, Special Court for PCR Cases, Theni.

2.The Deputy Superintendent of Police, Theni District, Theni.

3.The Inspector of Police, Theni Town Police Station, Theni.

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

+1 CC to M/s.A.BANUMATHY, Advocate ( SR-55581[F] dated 21/03/2019 ) SM Crl.O.P.[MD].No.4184 of 2019 20.03.2019 KM/(27.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/