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Madras High CourtCRL OP(MD)/7423/2019allowed

C. Vijayakumar, S/O.Chello v. The Deputy Superintendent Of

2019-05-30Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD].No.7423 of 2019 1.C.Vijayakumar 2.P.Gandhi 3.V.Anthonisamy 4.G.Kulanthaiyammal : Petitioners/Accused Nos.1 to 4 Vs.

State represented by 1.The Deputy Superintendent of Police, Sub Divisional Office, Sivagangai, Sivagangai District.

2.The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

(Crime No.142 of 2019) :Respondents/Complainants 3.C.Balakrishnan :3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Judge for SC/ST (POA) Act / District and Sessions Judge (PCR Unit), Sivagangai to consider the bail application of the petitioners on the same day of their surrender in Crime No.142 of 2019 on the file of the second respondent police. For Petitioners : Mr.P.Murughadasan 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 petitioners are 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 https://hcservices.ecourts.gov.in/hcservices/

such surrender, the learned Special Judge for SC/ST (POA) Act / District and Sessions Judge (PCR Unit), Sivagangai, shall deal and dispose the matter on the same day on merits and in accordance with law.

2. In due compliance of Section 15-A of the SC/ST Act, the petitioners 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 Special Judge for SC/ST (POA) Act, District and Sessions Judge (PCR Unit), Sivagangai.

2.The Deputy Superintendent of Police, Sub Divisional Office, Sivagangai, Sivagangai District.

3.The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

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

+2 CC to M/s.P.MURUGHADASAN, Advocate SR-66439. Crl.O.P.[MD].No.7423 of 2019 30.05.2019 CS: (07/06/2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/