Madras High CourtCRL OP(MD)/5641/2018disposed of

Prakash 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.5641 of 2018 1.Prakash 2.Jeeva 3.Samuthirakani 4.Sakthi 5.Selvam @ Chithiraiselvam : Petitioners/Accused Nos.1, 2 4, 5 & 6 -Vs1.The Deputy Superintendent of Police, Thirumayam, Pudukottai District.

2.The Inspector of Police, Thirumayam Police Station, Pudukottai District.

: Respondent Nos.1 & 2/ Complainant 3.Kannan : 3rd Respondent/Defacto Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to direct the Principal District and Sessions Judge, (PCR), Pudukkottai District, to accept the surrender of the petitioner in Crime No.35 of 2018 under Sections 147, 148, 294(b), 324 IPC r/w 3(1)(r), 3(1)(s) and 3((2)(Va) of SC/ST (POA) Act 2015 on the file of the respondent and dispose the bail application, will be filed by the petitioners on the same day itself on merits and issue any order as this Court.

For Petitioners : Mr.V.Maharajan For RR 1 and 2 : Mr.M.Chandrasekaran Additional Public Prosecutor

O R D E R

This petition has been filed by the petitioners to direct the Principal District and Sessions Judge, (PCR), Pudukkottai District, to accept the surrender of the petitioners in Crime No.35 of 2018 under Sections 147, 148, 294(b), 324 IPC r/w 3(1)(r), 3(1)(s) and 3 https://hcservices.ecourts.gov.in/hcservices/

((2)(Va) of SC/ST (POA) Act 2015 on the file of the respondent and dispose the bail application, will be filed by the petitioners on the same day itself on merits and issue any order as this Court. 2.Heard, the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the State.

3.The learned Additional Public Prosecutor has submitted that the injured person has been discharged from the hospital on 11.04.2018.

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 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 such surrender, the learned Principal District and Sessions Judge, (PCR), Pudukkottai District, 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 Principal District and Sessions Judge, (PCR), Pudukkottai District.

2.The Deputy Superintendent of Police, Thirumayam, Pudukottai District.

3.The Inspector of Police, Thirumayam Police Station, Pudukottai District.

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

+1cc to Mr.V.Maharajan, Advocate, SR.No.60890 CRL.O.P.(MD)No.5641 of 2018 12.04.2018 RMK KK/SV MMS/26.04.2018/SAR-2/2P-6C https://hcservices.ecourts.gov.in/hcservices/