Madras High CourtCRL OP(MD)/6419/2019ordered

Dhanasekaran, S/O.Kruppaiah v. The Deputy Superintendent Of

2019-04-30Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.6419 of 2019 Dhanasekaran : Petitioner/Accused No.2 Vs.

1.State Represented by its The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

(Crime No.149 of 2019) : Respondents /complainants 3.S.Alagi @ Lakshmi : 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Sessions Judge, Special Court for Exclusive Trial of Cases under Section SC/ST (POA) Act, 1989, Sivagangai to consider the bail application of the petitioner's on the same day of his surrender itself in Crime No.149 of 2019, on the file of the second respondent police.

For Petitioner : Mr.R.Manikandan For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Sessions Judge, Special Court for Exclusive Trial of Cases under Section SC/ST (POA) Act, 1989, Sivagangai, to accept the surrender of the petitioner and consider the petitioner's bail application on the same day on merits in relating to Crime No.149 of 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 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 Sessions Judge, Special Court for Exclusive Trial of Cases under Section SC/ST (POA) Act, 1989, Sivagangai, 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 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 Sessions Judge, Special Court for Exclusive Trial of Cases, under SC/ST (POA) Act, Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

+1 CC to M/s.D.S.HAROON RASHEED, Advocate ( SR-64493[F] dated 30/04/2019 ) sji/sm Crl.O.P.[MD].No.6419 of 2019 30.04.2019 ES/16.05.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/