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Madras High CourtCRL OP(MD)/5016/2019ordered

C.Seenivasakam v. 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.5016 of 2019 C.Seenivasakam

...Petitioner/ Accused No.9

/Vs./ 1.The Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

..1st Respondent 2.State represented by The Inspector of Police, Chinnkovilangulam Police Station, Tirunelveli District.

...2nd Respondent/Complainant (Crime No.144 of 2018) 3.Jayalakshmi ...3rd respondent/Defacto Complainant 4.Samiraj 5.Thirumalaisamy

...Respondents 4 & 5/ Victims

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Additional District Sessions Judge cum PCR Court, Tirunelveli to consider the petitioner's bail application and dispose of the bail application on the same day, if the petitioner surrender before the learned Additional District Sessions Judge cum PCR Court, Tirunelveli, in Crime No.144 of 2018 on the file of the 2nd respondent.

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

ORDER

This petition has been filed to direct the Additional District Sessions Judge cum PCR Court, Tirunelveli to consider the petitioner's bail application and dispose of the bail application on the same day, if the petitioner surrenders before the learned Additional District Sessions Judge cum PCR Court, Tirunelveli, in Crime No.144 of 2018 on the file of the 2nd respondent.

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 https://hcservices.ecourts.gov.in/hcservices/

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 District Sessions Judge cum PCR Court, 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.

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 Additional District Sessions Judge cum PCR Court, Tirunelveli.

2.The Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

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

+1 CC to M/s.R.J.KARTHICK, Advocate( SR-58782[F] dated 04/04/2019 ) SM Crl.O.P.[MD]No.5016 of 2019 03.04.2019 KM/(10.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/