Madras High CourtCRL OP(MD)/21562/2018disposed of

R. Manojkumar v. The Deputy Superintendent Of

2018-12-06Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2018

CORAM

THE HONOURABLE MR.JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD)No.21562 of 2018

1) R.Manojkumar

2) P.Kaleeswaran ... Petitioners/Accused No.3 & 5 Vs.

1) The Deputy Superintendant of Police, Karaikudi Division, Sivagangai District.

... Respondent /Investigating Officer

2) The Inspector of Police, Sakkottai Police Station, Sivagangai District.

(Crime No.165 of 2017)

...Respondent/Complainant

3) Arjun ... Respondent /Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to issue order of direction to the Learned Sessions Judge/Special Judge of Exclusive Trial Cases SC/ST Cases (POA) Act, 1989, Sivagangai to consider and dispose of the bail application of the petitioners in Crime No.165 of 2017 on the file of the 2nd respondent on the same day of their surrender before the said Court. For Petitioners : Mr.B.Bharathy Kannan For Respondents 1&2 : Mr.R.Anandharaj, Additional Public Prosecutor

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 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 Sessions Judge/ Special Judge for Exclusive Trial Cases SC/ST Cases (POA) Act, 1989, Sivagangai, shall deal and dispose the matter on the same day on merits and in accordance with law.

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2. In due compliance of Section 15-A of the SC/ST Act, the petitioners 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. 3.Accordingly, this criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(cs-III) /True Copy/ Sub Assistant Registrar(cs-IV) To 1)The Sessions Judge Special Judge for Exclusive Trial Cases SC/ST Cases (POA) Act, Sivagangai

2) The Deputy Superintendant of Police, Karaikudi Division, Sivagangai District.

3) The Inspector of Police, Sakkottai Police Station, Sivagangai District.

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

+1cc to Mr.S.Bharathy Kannan Advocate in SR.No.99030 Order made in Crl.O.P.(MD)No.21562 of 2018 06.12.2018 STS SPSV SAR4 26.12.2018 2P 6C https://hcservices.ecourts.gov.in/hcservices/