Madras High CourtCRL OP(MD)/7026/2020allowed

V.Thangapandi v. The Deputy Superintendent Of Police

2020-07-07Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.7026 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.7026 of 2020 V.Thangapandi ... Petitioner/Accused rank not known Vs.

1.The State rep by The Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

2.The Inspector of Police, Tenkarai Police Station, Periyakulam, Theni District.

(Crime No.1353 of 2020) ... 1st & 2nd Respondents/ Complainant 3.N.Rajasekar ... 3rd Respondent/ Defacto Complainant 4.Murugavel 5.Naveen 6.Mani 7.Nagamuthu ... Respondents No.4 to 7/ Victims PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act, Theni, in connection with the Crime No.1353 of 2020 on the file of the second respondent police and to consider the bail application filed by the petitioner on the same day.

For Petitioner : Mr.R.Shankar Ganesh For R1 and R2 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

Heard both sides.

2.The learned Additional Public Prosecutor appearing for the respondent police made submissions that the petitioner was arrayed as accused during the time of investigation.

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 trial Court within a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7026 of 2020 period of four weeks from the date of receipt of a copy of this order and on such surrender, the learned Sessions Judge, Special Court for S.C/S.T (Prevention of Atrocities) Act, Theni, shall deal and dispose the matter on the same day on merits and in accordance with law.

4.In due compliance of Section 15-A of the SC/ST Act, the petitioner 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. 5.This Criminal Original Petition is disposed of with the above directions.

Sd/- Deputy Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) cp 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 Sessions Judge, Special Court for S.C/S.T (Prevention of Atrocities) Act, Theni.

2.The Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

3.The Inspector of Police, Tenkarai Police Station, Periyakulam, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.[MD]No.7026 of 2020 07.07.2020 KB(09.07.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2