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Madras High CourtCRL OP(MD)/4465/2019ordered

Karuppaiya v. The Deputy Superintendent Of

2019-03-26Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.4465 of 2019 1.Karuppaiya 2.Marimuthu 3.Palaniyappan 4.Mohanraj : Petitioners / Accused No.1,2,6 & 8 /Vs./ 1.The Deputy Superintendent of Police, Illupur Taluk and Post, Pudukkottai District. 2.The Inspector of Police, Illupur Police Station, Pudukkottai District. : Respondents / Complainants [Crime No.13 of 2019] 3.M.Gopal : Respondent No.3 / De facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Special Judge for PCR Cases, District and Sessions Judge, Pudukkottai, to consider the bail application filed by the petitioners on the same day of surrender in Crime No.41 of 2019 on the file of the 2nd respondent Police. For Petitioners : Mr.P.Ganapathi Subramanian For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Special Judge for PCR Cases, District and Sessions Judge, Pudukkottai, to consider the bail application filed by the petitioners on the same day of surrender in Crime No.41 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 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 Special Judge for PCR Cases, District and Sessions Judge, Pudukkottai, 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 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 Special Judge for PCR Cases, District and Sessions Judge, Pudukkottai.

2.The Deputy Superintendent of Police, Illupur Taluk and Post, Pudukkottai District. 3.The Inspector of Police, Illupur Police Station, Pudukkottai District.

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

+1cc to Mr.P.Ganapathi Subramanian, Advocate, SR.No.56514 Crl.O.P.[MD].No.4465 of 2019 26.03.2019 sm KK/SAR-/28.03.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/