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Madras High CourtCRL OP(MD)/4969/2019ordered

Karthi v. The Deputy Superintendent Of

2019-04-03Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD]No.4969 of 2019 Karthi

...Petitioner/ Accused No.1 [A1]

/Vs./ 1.The Deputy Superintendent of Police, Nannilam Division, Thiruvarur District.

2.The Inspector of Police, Nannilam Police Station, Thiruvarur District.

...1st & 2nd Respondents/Complainants (Crime No.122 of 2019) 3.Sudhagar ...3rd respondent/Defacto Complainant 4.Saroja 5.Sathya 6.Suganya

...Respondents 4 to 6/ Victims

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the I Additional Sessions Court (PCR), Thanjavur to consider the bail application to be filed by the petitioner on the same day on his surrender in connection with Crime No.122 of 2019 on the file of the second respondent police. For Petitioner : Mr.A.Arun Prasad For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the I Additional Sessions Court (PCR), Thanjavur to consider the bail application to be filed by the petitioner on the same day on his surrender in connection with Crime No.122 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, I Additional Sessions Court (PCR), Thanjavur, 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 victims intimating the date of his surrender. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The I Additional Sessions Court (PCR), Thanjavur. 2.The Deputy Superintendent of Police, Nannilam Division, Thiruvarur District.

3.The Inspector of Police, Nannilam Police Station, Thiruvarur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.A.ARUN PRASAD, Advocate Sr. No. 58645 Crl.O.P.[MD]No.4969 of 2019 TR (08.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/