Madras High CourtCRL OP(MD)/7189/2019ordered

Veeraputhiran, v. The Deputy Superintendent Of

2019-05-15Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.7189 of 2019 Veeraputhiran ... Petitioner vs.

1.The Deputy Superintendent of Police, Thacklay, Kanyakumari District.

2.The Sub-Inspector of Police, Petchiparai Police Station, Kanyakumari District.

3.Jeyachandran Karthik ... Respondents PRAYER : Petition filed under Section 482 of Cr.P.C., to direct the learned II Additional District Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider the petitioner bail application and grant bail on the date of surrender itself in Crime No.5 of 2019, on the file of the 2nd respondent police.

For Petitioner : Mr.P.Mahendran For R1 and R2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest for the offences punishable under Sections 294(b), 323 and 506(ii) of IPC @ Sections 294(b), 323, 506(ii) of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No.5 of 2019, on the file of the 2nd respondent police, has moved this petition seeking a direction to the learned II Additional District Judge (PCR Court), Tirunelveli, to consider the bail application of the petitioner on the same day of his surrender.

2.Heard the learned Counsel for the petitioner and Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the State.

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3. 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 two weeks from the date of receipt of a copy of this order and on such surrender, the learned II Additional District Judge (PCR Court), 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.

4. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (vo) // True Copy // Sub Assistant Registrar(CS) To 1.The II Additional District Judge (PCR Court), Tirunelveli.

2.The Deputy Superintendent of Police, Thacklay, Kanyakumari District.

3.The Sub-Inspector of Police, Petchiparai Police Station, Kanyakumari District.

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

+1 CC to M/s.P.MAHENDRAN, Advocate ( SR-65879[F] dated 16/05/2019 ) sji/rmk Crl.O.P.(MD)No.7189 of 2019 15.05.2019 KM/(20.05.2019) 3P 6C https://hcservices.ecourts.gov.in/hcservices/