Poongundran v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2019

CORAM:

THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM CRL.O.P.(MD)No.7321 of 2019 Poongundran : Petitioner / Sole Accused -Vs1.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

2.State:

Represented the Inspector of police, Kabisthalam Police Station, Kabisthalam, Thanjavur District.

(Crime No.108 of 2019.) : 1st and 2nd Respondents / Complainants 3.Mani 4.Pawlraj 5.Manikandan 6.Palanisamy 7.Ravi 8.Ranjith 9.Saminathan 10.Murugesan 11.Parvathi 12.Ramamirutham 13.Valli 14.Jeyakodi 15.Usha 16.Gandhi 17.Mathavi 18.Rajakumari 19.Prema :Respondents 2 to 18/ Victims PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the learned 1st Additional District and Sessions Judge (PCR) Court, Thanjavur to accept the surrender of the https://hcservices.ecourts.gov.in/hcservices/

petitioner and consider his bail application on the same day on merit relating to crime No.108 of 2019, dated 17.05.2019. For Petitioner : Mr.S.Deenadhayalan For R1 & R2 : Mrs.M.Anantha Devi Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the 1st Additional District and Sessions Judge (PCR) Court, Thanjavur, to consider petitioner's bail application on the date of surrender on the same day in Crime No.108 of 2019, on the file of the second respondent Police for the offences under Sections 16, 17 and 18 of Bonded Labour System (Abolition) Act, 1976, and Sections 374, 343 and 370

(3) of IPC and Sections 3(1)(h) of SC/ST (Prevention of Atrocities) Amended Act, 2015.

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 1st Additional District and Sessions Judge (PCR) Court, Thanjavur, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victim under Section 15-A of the SC/ST Act.

3.This Criminal Original Petition is disposed of with the above directions. However, the petitioner is directed to take private notice to the victim intimating the date of his surrender. Sd/- Assistant Registrar (P AND A) // True Copy // Sub Assistant Registrar(CS) To 1.The 1st Additional District and Sessions Judge (PCR) Court, Thanjavur.

2.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

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

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

+1cc to Mr.S.Deenadhayalan, Advocate, SR.No. 66183 CRL.O.P.(MD) No.7321 of 2019 VSG/MR KK/SAR/24.05.2019/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/