Madras High CourtCRL OP(MD)/21417/2018disposed of

Vishwa@Vishwanath v. The Deputy Superintendent Of

2018-12-04Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD)No.21417 of 2018 1.Vishwa @ Vishwanath 2.Thirupathi 3.Prabhu 4.Muthukaruppan 5.Raja 6.Mani 7.Suresh

...Petitioners/Accused No.3 to 9

Vs.

State represented by 1.The Deputy Superintendent of Police, Vadipatti, Madurai District.

2.The Inspector of Police, Alanganallur Police Station, Madurai District.

...Respondents / Complainants

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the Learned III Additional District and Sessions Judge (PCR), Madurai, to consider the bail applications of the petitioners to be filed in Cr.No.347 of 2018 on the file of the respondent police and to accept their surrender on the same day on merits.

For Petitioners : Mr.S.Bharathi For Respondents : Mr.A.Robinson, Government Advocate (Crl. Side).

O R D E R

When the matter is taken up for hearing, the learned counsel appearing for the petitioners would submit that the second and third petitioners have been arrested and that he is not pressing this petition in respect of the petitioners 2 and 3.

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 petitioners No.1,4,5,6 and 7 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 such surrender, the learned III Additional District and Sessions Judge (PCR), Madurai, shall deal and dispose the matter on the same day, on merits and in accordance with law.

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3. In due compliance of Section 15-A of the SC/ST Act, the petitioners No.1,4,5,6 and 7 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 de facto complainant through the respondent police.

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

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The III Additional District and Sessions Judge (PCR), Madurai. 2.The Deputy Superintendent of Police, Vadipatti, Madurai District.

3.The Inspector of Police, Alanganallur Police Station, Madurai District.

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

• 1 CC TO Mr.S.BHARATHI , ADVOCATE IN SR No.98510. • • SM • DS SKN SAR3 11 12 2018 2P 6C Crl.O.P.(MD)No.21417 of 2018 04.12.2018 https://hcservices.ecourts.gov.in/hcservices/