Gopal v. The Deputy Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.4383 of 2019 Gopal : Petitioner / Sole Accused /Vs./ 1.The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District.

2.The Inspector of Police, Uthirakosamangai Police Station, Ramanathapuram District. : Respondents / Complainants [Crime No.13 of 2019] 3.S.Ganesan : Respondent No.3 / Victim / De facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Principal District & Sessions Judge (PCR), Ramanathapuram, to accept the surrender of the petitioner / Accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.13 of 2019 on the file of the 2nd respondent Police.

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

ORDER

This petition has been filed to direct the learned Principal District & Sessions Judge (PCR), Ramanathapuram, to accept the surrender of the petitioner / Accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.13 of 2019 on the file of the 2nd respondent Police.

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 learned Principal District & Sessions Judge (PCR), Ramanathapuram, 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. https://hcservices.ecourts.gov.in/hcservices/

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(w) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Principal District & Sessions Judge (PCR), Ramanathapuram. 2.The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District.

3.The Inspector of Police, Uthirakosamangai Police Station, Ramanathapuram District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-56482[F] dated 26/03/2019 ) Crl.O.P.[MD].No.4383 of 2019 SP/27.03.2019/ 2P/6C https://hcservices.ecourts.gov.in/hcservices/