Murugesan v. The Assistant Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.22028 of 2018 1.Murugesan 2.Sankar 3.Kumar @ Krishnakumar : Petitioners Vs.

1.The Assistant Superintendent of Police Cheranmahadevi Division Tirunelveli District

2. The Inspector of Police Suthamalli Police Station Tirunelveli District

3. Suresh : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No. 463 of 2018 on the file of the second respondent police.

For Petitioners : Mr.C.Saravanakumar For R1 and R2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

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 and Sessions Judge (PCR Court), Tirunelveli , shall deal and dispose the matter on the same day on merits and in accordance with law.

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. https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The II Additional District and Sessions Judge (PCR Court), Tirunelveli 2.The Assistant Superintendent of Police Cheranmahadevi Division Tirunelveli District

3. The Inspector of Police Suthamalli Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.C.Saravanakumar, Advocate, SR.No. 100436 Crl.O.P.[MD].No.22028 of 2018 14.12.2018 AAV ES/SKN/RSK/SAR 4/17.12.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/