Madras High CourtCRL OP(MD)/7041/2017closed

Madasamy v. The Assistant Superintendent

2017-06-20Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.7041 of 2017 1.Madasamy 2.Manikandan 3.Elango @ Elavarasan 4.Umaiyamuthu @ Umaiyamuthu Ramalingam 5.Kulanthaivelu @ Kulanthaipandi : Petitioners/Accused Nos.1,3,4,5 and 7 -Vs1. The Assistant Superintendent of Police, Tuticorin Town Police Station, Tuticorin.

2. State rep. By The Inspector of Police, Thermal Nagar Police Station, Tuticorin.

(Crime No.45 of 2017) 3.Selvam 4.Balamurugan 5.Lakhsmanan 6.Ramar 7.Ganeshapandian : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to direct the Additional District Judge No.II (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Tirunelveli District to accept the surrender of the petitioners and consider the Bail Application of the petitioners on the same day of his surrender itself in Crime No.45 of 2017 on the file of the Inspector of Police, Thermal Nagar Police Station, Tuticorin, dated 30.04.2017. For Petitioners : Mr.V.Selva For Respondents : Mr.K.Anbarasan Government Advocate(Crl.Side) for R.1 and R.2 Mr.N.Pandivel Rajan for R3 https://hcservices.ecourts.gov.in/hcservices/

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 Special Judge shall deal with the matter in accordance with law, after issuing notice to the victims under Section 15 (A) of the SC/ST Act.

2. With the above directions, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The Additional District Judge No.II (Special Court for Scheduled Castes and Scheduled Tribes) (Prevention of Atrocities) Act, Tirunelveli District.

2. The Assistant Superintendent of Police, Tuticorin Town Police Station, Tuticorin.

3. The Inspector of Police, Thermal Nagar Police Station, Tuticorin.

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

+ 1 CC TO Mr.V.SELVA , ADVOCATE IN SR No. 61075 JIKR TE/KP/SAR-I : 28/06/2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ CRL.O.P.(MD) No.7041 of 2017 20.06.2017