Madras High CourtCRL OP(MD)/5917/2019ordered

Kursith Alamkazhan v. The Deputy Superintendent Of

2019-04-24Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.5917 of 2019 1.Kursith Alamkazhan 2.Murugesan 3.Thangarasu 4.Ganesan 5.Subramanian : Petitioners /Accused 1 to 5 /Vs./ 1.The Deputy Superintendent of Police, Iluppur Sub Division, Iluppur, Pudukkottai District. 2.State represented by The Sub Inspector of Police, Iluppur Police Station, Pudukkottai District. (Crime No.33 of 2019) :Respondents/Complainants 3.Subramanian : Respondents/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Principal District & Sessions Judge (PCR Court), Pudukkottai, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.33 of 2019 dated 19.02.2019 on the file of the respondent police.

For Petitioners : Mr.D.Rameshkumar For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Principal District & Sessions Judge (PCR Court), Pudukkottai, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.33 of 2019 dated 19.02.2019 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, the Principal District & Sessions Judge (PCR Court), Pudukkottai, 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 petitioners are directed to take private notice to the victims intimating the date of their surrender.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS IV) sm To 1.The Principal District & Sessions Judge (PCR Court), Pudukkottai. 2.The Deputy Superintendent of Police, Iluppur Sub Division, Iluppur, Pudukkottai District. 3.The Sub Inspector of Police, Iluppur Police Station, Pudukkottai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.RAMESHKUMAR, Advocate ( SR-62051[F] dated 24/04/2019 ) Crl.O.P.[MD].No.5917 of 2019 24.04.2019 DS/ /SAR- (30.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/