Madras High CourtCRL OP(MD)/7589/2019allowed

Krishnamoorthy, 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.7589 of 2019 Krishnamoorthy : Petitioner/Accused Vs.

1. The Deputy Superintendent of Police, Kulithalai Division, Karur District.

2. The Inspector of Police, Kulithalai Police Station, Karur District.

Crime No.149 of 2019 : Respondents 1&2/Complainants

3. Sivakumar : Respondent-3/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Court (PCR Court), Karur to consider the bail application of the petitioner on the same day of his surrender in Cr.No.149 of 2019 on the file of the 2nd respondent police.

For Petitioner : Mr.R.Rajaraman 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), Karur, 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 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. https://hcservices.ecourts.gov.in/hcservices/

3.This criminal Original Petition is disposed of with the above directions.

sd/ Assistant Registrar(records) /True Copy/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge, (PCR Court), Karur.

2. The Deputy Superintendent of Police, Kulithalai Division, Karur District.

3. The Inspector of Police, Kulithalai Police Station, Karur District.

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

+1 CC to Mr.R.RAJARAMAN, Advocate ( SR-66502[F] dated 30/05/2019 ) Crl.O.P.[MD].No.7589 of 2019 30.05.2019 ls MK (07.06.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/