Madras High CourtCRL OP(MD)/6431/2019ordered

Malayarasan, 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.6431 of 2019 1.Malayarasan 2.Iyappan : Petitioners/Accused Nos.1 & 2 Vs.

1.State Represented by The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

2.The Sub-Inspector of Police, Pazhavoor Police Station, Pazhavoor, Tirunelveli District.

(Crime No.100 of 2019) :Respondents 1 & 2/Complainants 3.Thanga Subash : 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned District & Sessions Judge (P.C.R.), Tirunelveli, to consider and dispose of the bail application of the petitioners in Crime No.100 of 2019, on the file of the respondent on the same day of their surrender.

For Petitioners : Mr.K.Gokul For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned District & Sessions Judge (P.C.R.), Tirunelveli, to accept the surrender of the petitioners and consider the petitioners bail application on the same day on merits in relating to Crime No.100 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 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 District & Sessions Judge (P.C.R.), Tirunelveli, 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 (T&P) / True Copy / Sub Assistant Registrar(CS) To 1.The District & Sessions Judge (P.C.R.), Tirunelveli.

2The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

3.The Sub-Inspector of Police, Pazhavoor Police Station, Pazhavoor, Tirunelveli District.

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

+1 CC to M/s.K.GOKUL, Advocate ( SR-64486[F] dated 30/04/2019 ) Crl.O.P.[MD].No.6431 of 2019 30.04.2019 ES/07.05.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/