Madras High CourtCRL OP(MD)/8645/2017allowed

Siva @ Sivakumar v. The Dept. Supt. Of Police

2017-07-10Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.8645 of 2017 Siva @ Siva Kumar ... Petitioner/Accused rank not known -Vs1. The State Represented by The Deputy Superintendent of Police, Valliyur, Tirunelveli District.

2. The Inspector of Police, Valliyur Police Station, Valliyur, Tirunelveli District. ... Respondents 1 & 2/ Complainants

3. Madhavan ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the learned Special Judge for Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act cum II Additional Principal District and Sessions Judge(PCR Unit), Tirunelveli, to consider the bail application filed by the petitioner and pass orders on the same day, if the petitioner surrenders before the said Court in connection with the case in Crime No.92 of 2017 on the file of the respondent police. For Petitioner : Mr.S.R.Anbarasu For R-1 & R-2 : Mr.K.Anbarasan, Government Advocate(Crl.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 petitioner is 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 for Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act cum II Additional Principal District and Sessions Judge(PCR Unit), Tirunelveli, shall deal with the matter in accordance with law, after issuing notice to the victims under Section 15(A) of the SC/ST Act.

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

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To

1. The Special Judge for Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act cum II Additional Principal District and Sessions Judge(PCR Unit), Tirunelveli.

2. The Deputy Superintendent of Police, Valliyur, Tirunelveli District.

3. The Inspector of Police, Valliyur Police Station, Valliyur, Tirunelveli District.

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

+One cc to Mr.S.R.Anbarasu, Advocate, SR.No.64348 pmu RL/6C/2P/SKN/RSK/SAR4/13/7/2017 CRL.O.P.(MD)No.8645 of 2017 10.07.2017 https://hcservices.ecourts.gov.in/hcservices/