Madras High CourtCRL OP(MD)/6855/2020disposed of

Azhagar v. Deputy Superintendent Of Police

2020-09-09Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.6855 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.6855 of 2020 1.Azhagar 2.Ramalakshmi @ Rajalakshmi 3.Sudhandhirakani ... Petitioners / Accused Nos.1 to 3 Vs.

1.The State represented by the Deputy Superintendent of Police, Puliyankudi Sub Division, Tirunelveli District.

... 1st Respondent/Investigation Officer 2.The Sub Inspector of Police, Sivagiri Police Station, Tirunelveli District. (Crime No.284 of 2020) ... 2nd Respondent / Complainant 3.Madasamy ... 3rd Respondent / De facto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Court for SC/ST Cases, Tirunelveli, to accept the surrender of the petitioners and consider the bail applications to be filed by them on the same day on merit and in accordance with law.

For Petitioners : Mr.S.Balamurugan For R1 and R2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Criminal side)

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 four weeks from the date of receipt of a copy of this order and on such surrender, the learned Special Court for SC/ST Cases, 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 de facto complainant through the respondent police. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6855 of 2020 3.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Special Court for SC/ST Cases, Tirunelveli. 2.The Deputy Superintendent of Police, Puliyankudi Sub Division, Tirunelveli District.

2.The Sub Inspector of Police, Sivagiri Police Station, Tirunelveli District.

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

+1 CC to M/s.S. BALAMURUGAN, Advocate ( SR-16420[F] dated 09/09/2020 ) Crl.O.P.[MD]No.6855 of 2020 09.09.2020 KB(18.09.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2