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Madras High CourtCRL OP(MD)/6504/2019ordered

Esakkipandi, v. The Deputy Superintendent Of

2019-04-30Honourable Mr Justice V. Bharathidasan2 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.6504 of 2019 1.Esakkipandi 2.Muppidathi : Petitioners/Accused Rand not known /Vs./ 1.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

2.The Inspector of Police, Mukkudal Police Station, Tirunelveli District.

[Crime No.61 of 2019] : Respondents 1 and 2 /Complainants 3.Poodurai : 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act, Additional District Judge No.II, Tirunelveli, to consider the bail application of the petitioners on the same day of their surrender in Crime No.61 of 2019 on the file of the respondent police.

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

ORDER

This petition has been filed to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act, Additional District Judge No.II, Tirunelveli, to consider the bail application of the petitioners on the same day of their surrender in Crime No.61 of 2019 on the file of the 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 https://hcservices.ecourts.gov.in/hcservices/

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 Special Judge for SC/ST (Prevention of Atrocities) Act, Additional District Judge No.II, 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.

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) To 1.The Special Judge for SC/ST (Prevention of Atrocities) Act, Additional District Judge No.II, Tirunelveli. 2.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

3.The Inspector of Police, Mukkudal Police Station,Tirunelveli Dist., 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.V.MAHARAJAN, Advocate, SR.No.64200 Crl.O.P.[MD].No.6504 of 2019 ES/08.05.2019/2P/6c https://hcservices.ecourts.gov.in/hcservices/