Sekar v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD].No.7311 of 2019 Sekar : Petitioner/Sole Accused Vs.

The State represented by 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Papanasam Sub Division, Thanjavur District.

2.The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

(Crime No.107 of 2019) :1st & 2nd Respondents/ Complainant

3. Balasubramaniyan :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 first Additional District and Sessions Judge at Thanjavur in connection with the Crime No.107 of 2019 on the file of the second respondent police and to consider the bail application filed by the petitioner on the same day.

For Petitioner : Mr.K.M.Karunakaran For R1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal Side)

O R D E R

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 first Additional District and Sessions Judge, Thanjavur, shall deal and dispose the matter on the same day on merits and in accordance with law.

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2.In due compliance of Section 15-A of the SC/ST Act, the petitioner shall serve advance notice of surrender and bail two clear days before the intended date of surrender enclosing additional copies on the Special Public Prosecutor of the concerned Court and the Special Public Prosecutor shall intimate it to the defacto complainant through the respondent police. 3.This criminal Original Petition is disposed of with the above directions.

Sd/- Deputy Registrar (Accounts) // True Copy // Sub Assistant Registrar(CS ) To 1.The first Additional District and Sessions Judge, Thanjavur 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Papanasam Sub Division, Thanjavur District.

3.The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

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

+1 CC to M/s.K.M.KARUNAKARAN, Advocate SR-66438. Crl.O.P.[MD].No.7311 of 2019 30.05.2019 CS: (07/06/2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/