Madras High CourtCRL OP(MD)/20300/2018disposed of

Kutty Durai @ Athi Moolam v. The Deputy Superintendent Of

2018-11-14Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.20300 of 2018 1.Kutty Durai @ Athi Moolam 2.Rajadurai 3.Kandhasamy ... Petitioners/Accused 2 to 4 Vs.

1.The Deputy Superintendent of Police, Cheranmahadevi Circle, Tirunelveli District.

2 .The Inspector of Police, Veeravanallur police station, Tirunelveli District.

(In Crime No. 376 of 2018) ... Respondent/Complainant 3.Sudhakar ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act, II Additional District & Sessions Judge (PCR Unit), Tirunelveli District, to consider the bail application of the petitioners on the same day of their surrender in Crime No. 376 of 2018 on the file of the second respondent police. For Petitioners :Mr.S.Sathya Chidambaram For R-1 and R-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, (PCR Unit), Tirunelveli District, 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 defacto complainant through the respondent police.

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

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The II Additional District & Sessions Judge, (PCR Unit), Tirunelveli District 2.The Deputy Superintendent of Police, Cheranmahadevi Circle, Tirunelveli District.

3 .The Inspector of Police, Veeravanallur police station, Tirunelveli District.

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

+1cc to Mr.S.Sathya Chidambaram Advocate in SR.No.95230 Crl.O.P.(MD).No.20300 of 2018 14.11.2018 LS PSSKN SAR3 05.12.2018 2P 6C https://hcservices.ecourts.gov.in/hcservices/