Madras High CourtCRL OP(MD)/5640/2018disposed of

Elamaran v. The Deputy Superintendent Of

2018-04-12Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.5640 of 2018 Elamaran : Petitioner/Accused No.1 -Vs1.The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Alangudi Taluk, Pudukottai District.

2.The Inspector of Police, Keeramangalam Police Station, Keeramangalam, Alangudi Taluk, Pudukkottai District.

(Crime No.28 of 2018) : Respondent Nos.1 & 2/ Complainant 3.Kannaiah : 3rd Respondent/Defacto Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to direct the learned District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai to accept the surrender of the petitioner/Accused No.1 and consider the petitioner bail application and grant bail on the date of surrender itself in Crime No.28 of 2018 dated 30.03.2017 on the file of the respondent police. For Petitioner : Mr.K.C.Maniyarasu For RR 1 and 2 : Mr.M.Chandrasekaran Additional Public Prosecutor

O R D E R

This petition has been filed by the petitioner to direct the learned District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai, to accept the surrender of the petitioner/Accused No.1 and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.28 of 2018 dated 30.03.2017 on the file of the respondent police.

2.Heard, the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Additional Public Prosecutor has submitted that the injured person has been discharged from the hospital. 4.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 District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Pudukkottai, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15 (A) of the SC/ST Act.

5. This Criminal Original Petition is disposed of with the above directions.

Sd/ Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Pudukkottai.

2.The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Alangudi Taluk, Pudukottai District.

3.The Inspector of Police, Keeramangalam Police Station, Keeramangalam, Alangudi Taluk, Pudukkottai District.

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

+1cc to Mr.K.C.Maniyarasu, Advocate, SR.No.60887 CRL.O.P.(MD)No.5640 of 2018 12.04.2018 RMK KK/SV/24.04.2018/SAR-1/2P-6C https://hcservices.ecourts.gov.in/hcservices/