Jasphin Vinodhkar v. Assistant Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.4734 of 2019 Jasphin Vinodhkar : Petitioner/Sole Accused Vs.

State rep. by 1.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli.

: Respondent/Complainant 2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

(Crime No.21 of 2019) 3.Densingh : 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned 2nd Additional District and Sessions Judge (PCR), Tirunelveli, to accept the surrender of the petitioner and consider his bail application on the same day on merits relating to Crime No.21 of 2019 on the file of the respondent police.

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

ORDER

This petition has been filed to direct the learned 2nd Additional District and Sessions Judge (PCR), Tirunelveli, to accept the surrender of the petitioner and consider his bail application on the same day on merits relating to Crime No.21 of 2019 on the file of the 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, 2nd Additional District and Sessions Judge (PCR), Tirunelveli, 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.

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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 (CS-II) // True Copy // Sub Assistant Registrar(CS) sm/vsd To 1.The 2nd Additional District and Sessions Judge (PCR), Tirunelveli.

2.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli.

3.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

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

Crl.O.P.[MD].No.4734 of 2019 29.03.2019 TR (08.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/