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Madras High CourtCRL OP(MD)/8946/2018ordered

Karuthapandian 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.8946 of 2018

1. Karuthapandian

2. Ramachandran

3. Kannan ... Petitioners Vs.

1. The Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

2. The Inspector of Police, Sankarankovil Police Station, Tirunelveli District.

3. Mr.Kaliraj

4. Mr.Mariappan

5. Mr.Gunasekaran ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Tirunelveli to accept the surrender of the petitioner / accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.476 of 2015 on the file of the second respondent police.

For Petitioners : Mr.S.Saravanan 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 District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Tirunelveli to accept the surrender of the petitioner / accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.476 of 2015 on the file of the second respondent police.

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2. Heard the learned counsel for the petitioners 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 District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Tirunelveli 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 District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Tirunelveli is directed to consider the bail petition filed by the petitioner in connection with the Crime No.476 of 2015, 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 /True copy/ Sub Assistant Registrar To

1. The Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

2. The Inspector of Police, Sankarankovil Police Station, Tirunelveli District.

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

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

+1cc to Mr.S.SARAVANAN, Advocate, SR.No.66472 Crl.O.P.(MD)No.8946 of 2018 30.05.2018 AKV KK/SKN RSK/SAR-2/01.06.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/