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Madras High CourtCRL OP(MD)/8776/2018ordered

Kayambu v. The Deputy Superintendent Of

2018-05-30Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.05.2018

CORAM:

THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Crl.O.P.(MD)No.8776 of 2018 Kayambu ... Petitioner Vs.

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2. The State represented by the Inspector of Police, Paramakudi Taluk Police Station, Paramakudi, Ramanathapuram District.

(Crime No.66 of 2018)

3. Boominathan

4. Prema ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Ramanathapuram to accept the surrender of the petitioner and consider the petitioner's bail application on the date of surrender itself in Crime No.66 of 2018, dated 16.05.2018 on the file of the respondent.

For Petitioner : Mr.D.Senthil For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed for a direction to the learned Principal District and Sessions Judge Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Ramanathapuram to accept the surrender of the petitioner and consider the petitioner's bail application on the date of surrender itself in Crime No.66 of 2018, dated 16.05.2018 on the file of the second respondent. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side).

3. 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 petitioner is directed to surrender before the learned Principal District and Sessions Judge Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Ramanathapuram within a period of two weeks from the date of receipt of a copy of this order and file a petition for bail and on such surrender, the learned Principal District and Sessions Judge Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Ramanathapuram is directed to consider the bail petition filed by the petitioner in connection with the Crime No.66 of 2018, on the same day, on merits and in accordance with law, after issuing notice to the de-facto complainant/victim under Section 15 (A) of the SC/ST Act.

4. With the above direction, this Criminal Original Petition is disposed of.

Sd/ Vacation Officer /Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2. The Inspector of Police, Paramakudi Taluk Police Station, Paramakudi, Ramanathapuram District.

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

4. The Principal District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Ramanathapuram.

+1cc to Mr.D.SENTHIL, Advocate, SR.No. 66319 Crl.O.P.(MD)No.8776 of 2018 30.05.2018 AKV KK/SKN RSK/SAR-2/01.06.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/