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Madras High CourtCRL OP(MD)/4899/2019ordered

A.Muthuramalingam v. The Assistant Commissioner

2019-04-02Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD]No.4899 of 2019 A.Muthuramalingam

...Petitioner/ Sole Accused

/Vs./ 1.The Assistant Commissioner, Anna Nagar, Madurai - 625 020.

2.The State of Tamilnadu, Represented by its Inspector of Police, K.Pudur Police Station, Madurai District.

...1st & 2nd Respondents/Complainants (Crime.No.87 of 2019) 3.Veeravanjinathan ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Additional Sessions Judge No.3, (PCR) Madurai to consider the petitioner's bail petition on merits upon the Petitioner's surrender before the said court and enlarge the petitioner on bail on the same day according to the law in Crime No.87 of 2019 on the file of the second respondent police. For Petitioner : Mr.H.Velavadhas For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor For R-3 : Mr.C.Jeyaprakash

ORDER

This petition has been filed to direct the Additional Sessions Judge No.3, (PCR) Madurai to consider the petitioner's bail petition on merits upon the Petitioner's surrender before the said court and enlarge the petitioner on bail on the same day according to the law in Crime No.87 of 2019 on the file of the second 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, Additional Sessions Judge No.3, (PCR) Madurai, 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.

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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.

4. The third respondent herein is represented through counsel. The complainant is also directed to give private notice to the third respondent as to the date of which the petitioner is proposed to surrender before the trial Court.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) sm To 1.The Additional Sessions Judge No.3, (PCR) Madurai. 2.The Assistant Commissioner, Anna Nagar, Madurai - 625 020.

3.The Inspector of Police, K.Pudur Police Station, Madurai District.

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

+1CC TO MR.C.JEYAPRAKASH, Advocate Sr. No.58309 +1CC TO MR.H.VELAVADHAS, Advocate Sr. No.58398 Crl.O.P.[MD]No.4899 of 2019 02.04.2019 TR (08.04.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/