Madras High CourtCRL OP(MD)/21619/2018disposed of

Kaviarasan 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.21619 of 2018

1) Kaviarasan

2) Karthik

3) Mynar Pandian

4) Manikandan ... Petitioners/Accused No.1 to 4 Vs.

1) The Deputy Superintendant of Police, Puliyankudi Division, Tirunelveli District.

2) The Inspector of Police, Sendhamaram Police Station, Tirunelveli District.

(Crime No.450 of 2018) ...Respondents/ Complainants

3) Kalaiselvan ...3rd Respondent /De facto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to issue order of direction to the Learned II Additional District & Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider their bail application on the same day of their surrender in respect of Crime No.450 of 2018 on the file of the 2nd respondent, pending investigation.

For Petitioner : Mr.D.Venkatesh For RR 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 II Additional District & Sessions Judge (Special Court for PCR Cases), Tirunelveli, shall deal and dispose the matter on the same day on merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/

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(CO) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Additional District & Sessions Judge (Special Court for PCR Cases), Tirunelveli.

2) The Deputy Superintendant of Police, Puliyankudi Division, Tirunelveli District.

3) The Inspector of Police, Sendhamaram Police Station, Tirunelveli District.

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

+1cc to Mr.D.Venkatesh Advocate in SR.No.99112 Order made in Crl.O.P.(MD)No.21619 of 2018 06.12.2018 STS SPSV SAR3 19.12.2018 2P 6C https://hcservices.ecourts.gov.in/hcservices/