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Madras High CourtCRL OP(MD)/7541/2019allowed

Shanmugavel, S/O.Koothaiah 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.7541 of 2019 Shanmugavel : Petitioner/Accused No.1 Vs.

1.The Deputy Superintendent of Police, Kamuthi Division, Ramnad District.

2.The Inspector of Police, Mudhukulathur Police Station, Ramnad District.

Crime No.138 of 2018 :Respondents No.1 & 2/Complainant

3. Vaiyudaiyan :3rd Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Judge (PCR), Ramanathapuram to consider of the bail application on the surrender of the petitioner in connection with case in cr.no.138 of 2018, pending investigation on the file of the second respondent police on merits on the same day.

For Petitioner : Mr.A.Uthayakumar 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 Principal District and Sessions Judge, (PCR Court), Ramanathapuram, 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 petitioner shall serve advance notice of surrender and bail two clear days before the intended date of surrender enclosing https://hcservices.ecourts.gov.in/hcservices/

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 Principal District and Sessions Judge, (PCR Court), Ramanathapuram.

2.The Deputy Superintendent of Police, Kamuthi Division, Ramnad District.

3.The Inspector of Police, Mudhukulathur Police Station, Ramnad District.

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

+1 CC to M/s.A.UTHAYAKUMAR, Advocate SR-66503. Crl.O.P.[MD].No.7541 of 2019 30.05.2019 CS: (07/06/2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/