Madras High CourtCRL OP(MD)/6090/2019ordered

Bharathiselvam v. The Assistant Commissioner

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.6090 of 2019 1.Bharathiselvan 2.Pandian 3.Bhavani 4.Kanimozhi : Petitioners/Accused Nos.1 to 4 Vs.

1.The Assistant Commissioner of Police, Cantonment Range, Trichy, Trichy District.

2.The Inspector of Police, All Women Police Station, Cantonment, Trichy District.

(Crime No.3 of 2019) : 1st & 2nd Respondents/Complainants 3.Gomathi : 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned I Additional District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,) Trichy District to accept the surrender of the petitioners and consider the petitioners' bail application and grant bail on the same date of surrender itself in Crime No.3 of 2019 dated 29.03.2019 on the file of the 2nd respondent police.

For Petitioners : Mr.C.Mayilvahana Rajendran For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned I Additional District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,) Trichy District to accept the surrender of the petitioners and consider the petitioners' bail application and grant bail on the same date of surrender itself in Crime No.3 of 2019 dated 29.03.2019 on the file of the 2nd 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 https://hcservices.ecourts.gov.in/hcservices/

a period of ten days from the date of receipt of a copy of this order and on such surrender, the learned I Additional District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,) Trichy District, 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 I Additional District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,) Trichy District. 2.The Assistant Commissioner of Police, Cantonment Range, Trichy, Trichy District.

3.The Inspector of Police, All Women Police Station, Cantonment, Trichy District.

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

+1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-63163[F] dated 27/04/2019 ) Crl.O.P.[MD].No.6090 of 2019 26.04.2019 ES/08.05.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/