Periyaiah, S/O.Kalai @ v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD]No.4908 of 2019 1.Periyaiah 2.Machhakkalai 3.Ilavarasu 4.Sathish 5.Suresh 6.Periyaiah @ Periyasamy 7.Ammasi 8.Nainan 9.Saravanan 10.Kumar 11.Deivendran 12.Anandbabu 13.Ramachandran
...Petitioners / Accused No.1,3,5,6,9,11 to18
/Vs./ 1.State through The Deputy Superintendent of Police, Melur Sub Division, Madurai District.
2.State through, The Inspector of Police, Melavazhavu Police Station, Melavazhavu, Melur, Madurai District.
...1st & 2nd Respondents/Complainants (Crime.No.15 of 2018) 3.Asaipandi ...3rd Respondent/Defacto Complainant/Victim PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the III Additional District and Sessions Judge (PCR Court), Madurai to accept the bail application on the surrender of the petitioners / accused on the same day on merits in Cr.No.15 of 2018 on the file of the respondent police. For Petitioner : Mr.T.K.Gopalan For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor
ORDER
This petition has been filed to direct the III Additional District and Sessions Judge (PCR Court), Madurai to accept the https://hcservices.ecourts.gov.in/hcservices/
bail application on the surrender of the petitioners / accused on the same day on merits in Cr.No.15 of 2018 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 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, III Additional District and Sessions Judge (PCR Court), 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.
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 (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The III Additional District and Sessions Judge (PCR Court), Madurai.
2.The Deputy Superintendent of Police Melur Sub Division Madurai District 3.The Inspector of Police, Melavazhavu Police Station Melavazhavu, Melur, Madurai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.T.K.GOPALAN, Advocate ( SR-58288[F] dated 02/04/2019 ) sm Crl.O.P.[MD]No.4908 of 2019 02.04.2019 KM/(11.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/