Madras High CourtCRL OP(MD)/6046/2019ordered

V.K.Selvaraj v. The Deputy Superintendent Of

2019-04-26Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.6046 of 2019 1.V.K.Selvaraj 2.Indirarani 3.Santhosh Kumar 4.Hariharan : Petitioners/Accused Vs.

1.The State represented by The Deputy Superintendent of Police, Karur, Karur District.

2.The Inspector of Police, Valliyanai Police Station, Karur District.

(Crime No.88 of 2019) 3.Gnanasesuraj : Respondents/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Principal District & Sessions Court (Special Court constituted under Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities Act, 1989), Karur, to consider the bail application on merits and dispose of the bail application on the same day in the event of their surrender, in Crime No.88 of 2019 on the file of the second respondent police. For Petitioners : Mr.K.Rajeshwaran 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 Court (Special Court constituted under Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities Act, 1989), Karur, to consider the bail application on merits and dispose of the bail application on the same day in the event of their surrender, in Crime No.88 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 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 learned Principal District & https://hcservices.ecourts.gov.in/hcservices/

Sessions Court (Special Court constituted under Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities Act, 1989), Karur, 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 petitioners are directed to take private notice to the victims intimating the date of their surrender.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) sm To 1.The Principal District & Sessions Court (Special Court constituted under Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities Act, 1989), Karur, 2.The Deputy Superintendent of Police, Karur, Karur District.

3.The Inspector of Police, Valliyanai Police Station, Karur District.

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

+1CC TO MR.K.RAJESHWARAN, Advocate Sr. No. 63471 Crl.O.P.[MD].No.6046 of 2019 26.04.2019 AL(CO) TR (07.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/