Madras High CourtCRL OP(MD)/6500/2019ordered

Sudhakar @ Nagalingam 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.6500 of 2019 Sudhakar @ Nagalingam : Petitioner/Accused No.2 Vs.

1.The State Rep.by The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tiruvarur Sub Division, Tiruvarur District.

2.The Inspector of Police, Kodavasal Police Station, Tiruvarur District.

(Crime No.208 of 2019) :1st & 2nd Respondents/ Complainant 3.Suresh : 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to accept the surrender of the petitioner before the Special Court for SC / ST (Prevention of Atrocities) Act, i.e., the I Additional District and Sessions Judge at Thanjavur, in connection with the Crime No.208 of 2019 on the file of the 2nd respondent police and to consider the bail application filed by the petitioner on the same day.

For Petitioner : Mr.K.M.Karunakaran For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to accept the surrender of the petitioner before the Special Court for SC / ST (Prevention of Atrocities) Act, i.e., the I Additional District and Sessions Judge at Thanjavur, in connection with the Crime No.208 of 2019 on the file of the 2nd respondent police and to consider the bail application filed by the petitioner on the same day. 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 Special Court for SC / ST (Prevention of Atrocities) Act, i.e., the I Additional District and Sessions Judge at Thanjavur, 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 Special Court for SC / ST(Prevention of Atrocities) Act, i.e., the I Additional District and Sessions Judge at Thanjavur. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tiruvarur Sub Division, Tiruvarur District.

3.The Inspector of Police, Kodavasal Police Station, Tiruvarur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-64353[F] dated 30/04/2019 ) Crl.O.P.[MD].No.6500 of 2019 30.04.2019 ES/08.05.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/