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Madras High CourtCRL OP(MD)/5780/2019ordered

A.Kalyanithevar v. The Deputy Superintendent Of

2019-04-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.5780 of 2019 A.Kalyanithevar : Petitioner/1st Accused /Vs./ 1.The Deputy Superintendent of Police, Nilakottai Taluk, Dindigul District.

:1st Respondent / Investigation Officer 2.The State represented by The Inspector of Police, Batlagundu Police Station, Dindigul District. (Crime No.128 of 2019) :2nd respondent/Complainant 3.Meena : 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned District and Sessions Judge (PCR Court), Dindigul District, to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned Court in pending investigation of Crime No.128 of 2019 on the file of the Inspector of Police, Battalagundu Police Station, Dindigul District.

For Petitioner : Mr.S.Saravagan Prabhu For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned District and Sessions Judge (PCR Court), Dindigul District, to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned Court in pending investigation of Crime No.128 of 2019 on the file of the Inspector of Police, Battalagundu Police Station, Dindigul District. 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, the learned District and Sessions Judge (PCR Court), Dindigul District, shall deal with the matter on the same https://hcservices.ecourts.gov.in/hcservices/

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 (CO) /True Copy/ Sub Assistant Registrar(CS IV) sm To 1.The District and Sessions Judge (PCR Court), Dindigul District. 2.The Deputy Superintendent of Police, Nilakottai Taluk, Dindigul District.

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

+1 CC to M/s.S. SARVAGAN PRABHU, Advocate ( SR-5256[D] dated 24/04/2019 ) Crl.O.P.[MD].No.5780 of 2019 23.04.2019 DS/ /SAR- (30.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/