Madras High CourtCRL OP(MD)/5236/2019disposed of

Vasuthevan v. The Deputy Superintendent Of

2019-04-08Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2019

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.5236 of 2019 1.Vasuthevan 2.Nagan @ Nagarajan 3.Easwaran 4.Bose @ Paramasivam 5.Nagarajan 6.Surulimalai ... Petitioners/Accused 1 to 6 Vs.

1.The Deputy Superintendent of Police, Andipatti, Theni District.

2.The Inspector of Police, Kadamalaikundu Police Station, Andipatty-Taluk.

(Crime No.88 of 2019) ... 1st and 2nd Respondents/ Complainants 3.Velmurugan ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Additional District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Theni, Theni District to accept the surrender of the petitioners/Accused and consider petitioners' bail application and grant bail on the date of surrender itself in Crime No.88 of 2019 on the file of the Respondent No.2 Police.

For Petitioners : Mr.D.Balamurugapandi For R-1 and R-2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

O R D E R

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/

petitioners are directed to surrender before the trial Court within a period of two weeks from the date of receipt of a copy of this order and on such surrender, the learned Additional District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Theni, Theni District, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Sections 15-A of the SC/ST (Prevention of Atrocities) Amendment Act 2015.

2.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) vsg To

1. The Additional District and Sessions Court, (prevention of Atrocities), Theni, Theni District.

2.The Deputy Superintendent of Police, Andipatti, Theni District.

3.The Inspector of Police, Kadamalaikundu Police Station, Andipatty-Taluk.

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

+1CC TO MR.D.BALAMURUGAPANDI, Advocate Sr. No.59689 Crl.O.P.(MD)No.5236 of 2019 08.04.2019 TR (15.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/