Madras High CourtCRL OP(MD)/4329/2019ordered

S.R.Rajeshwaran, v. The Assistant Commissioner

2019-03-22Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE CRL.O.P.(MD)No.4329 of 2019 S.R.Rajeshwaran : Petitioner / Sole Accused -Vs1.The State represented by Assistant Commissioner of Police, Palayamkottai Sub Division (Law and Order), Palayamkottai, Tirunelveli City.

: 1st Respondent / Complainant 2.The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City.

(Crime No.2 of 2019) : 2nd Respondent / Complainant 3.Seetha Lakshmi : 3rd Respondent / De facto complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the II Additional District and Sessions Court (PCR) Tirunelveli, Tirunelveli District, to consider petitioner's bail application on the date of surrender on the same day in Crime No.2 of 2019, on the file of the second respondent Police for the offences under Sections 417, 376, 312, 506(i) I.P.C r/w 3(1) (w) (i), 3(2) (v), 3 (2) (va) of SC/ST (POA) Amendment Act. For Petitioner : Mr.V.Kathirvelu Senior Counsel For M/s.K.Prabhu For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This petition has been filed to direct the II Additional District and Sessions Court (PCR) Tirunelveli, Tirunelveli District, to consider petitioner's bail application on the date of surrender on the same day in Crime No.2 of 2019, on the file of the second respondent Police for the offences under Sections 417, 376, 312, 506 (i) I.P.C r/w 3(1) (w) (i), 3(2) (v), 3 (2) (va) of SC/ST (POA) Amendment Act.

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 https://hcservices.ecourts.gov.in/hcservices/

period of ten days from the date of receipt of a copy of this order and on such surrender, the II Additional District and Sessions Court (PCR) Tirunelveli, Tirunelveli District, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victim 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. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar tsg To 1.The II Additional District and Sessions Court (PCR) Tirunelveli, Tirunelveli District 2.The Assistant Commissioner of Police, Palayamkottai Sub Division (Law and Order), Palayamkottai, Tirunelveli City.

3.The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City.

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

1 CC to M/s.K.PRABHU, Advocate ( SR-55892[F] dated 22/03/2019 ) Order made in CRL.O.P.(MD) No.4329 of 2019 Dated: 22.03.2019 DS/ /SAR- (02.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/