Madras High CourtCRL OP(MD)/6348/2019ordered

Menaka, W/O.Prabhu, v. The Deputy Superintendent Of

2019-04-29Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.6348 of 2019 Menaka : Petitioner /Vs./ 1.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

2.The Sub-Inspector of Police, Cumbum North Police Station, Cumbum, Theni District. :Respondents 1 and 2/Complainants (Crime No.121 of 2019) 3.Sarasu : 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, Theni, to consider the bail application filed by the petitioner on the same day in Crime No.121 of 2019 on the file of the 2nd respondent.

For Petitioner : Mr.S.Sundarapandian 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), Theni, to consider the bail application filed by the petitioner on the same day in Crime No.121 of 2019 on the file of the 2nd respondent.

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), Theni, 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.

https://hcservices.ecourts.gov.in/hcservices/

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 (CS-III) / True Copy / Sub Assistant Registrar(CS) To 1.The District and Sessions Judge (PCR Court), Theni.

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

3.The Sub-Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.

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

+1 CC to M/s.S.SUNDARAPANDIAN, Advocate ( SR-63630[F] dated 29/04/2019 ) Crl.O.P.[MD].No.6348 of 2019 ES/08.05.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/