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Madras High CourtCRL OP(MD)/4549/2019ordered

Nagappan v. The Deputy Superintendent Of

2019-03-27Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.4549 of 2019 Nagappan : Petitioner/1st Accused Vs.

1.The Deputy Superintendent of Police, Manamadurai Sub Division, Manamadurai, Sivaganagai District.

... 1st Respondent/ Investigation officer 2.The State, Rep. by Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

(Crime No.195 of 2017) ... 2nd Respondent/Complainant 3.Mahakavi Kalidass : 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Sessions Judge, (Full Additional Charge), Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned court in pending investigation of Crime No.195 of 2017 on the file of respondent police. For Petitioner : Mr.M.S.Jeyakarthik For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Sessions Judge, (Full Additional Charge), Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned court in pending investigation of Crime No.195 of 2017 on the file of 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 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 Sessions Judge, (Full Additional Charge), Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai, 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 petitioner is directed to take private notice to the victims intimating the date of his surrender. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) sm/vsd To 1.The Sessions Judge, (Full Additional Charge), Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai Sub Division, Manamadurai, Sivaganagai District.

3.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

+1CC TO MR.M.S.JEYAKARTHIK, Advocate Sr. No. 57536 Crl.O.P.[MD].No.4549 of 2019 27.03.2019 TR (03.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/