Petchimuthu @ Payasam v. The Assistant Commissioner Of Police

CRL OP(MD)No.7136 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)No.7136 of 2020 Petchimuthu @ Payasam ... Petitioner / Accused Rank Not Known Vs.

1.The Assistant Commissioner of Police, Tirunelveli Junction (City), Tirunelveli District.

2.The Inspector of Police, Pettai Police Station, Tirunelveli District (Crime No.299 of 2019) ... Respondents / Complainants 3.Sagathevan ... Respondent / Defacto Complainant / Victim PRAYER: Petition filed under Section 482 of Criminal Procedure Code, praying to direct the learned II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases), to consider the bail application on petitioner's surrender on the same day, if any petition filed by the petitioner in Crime No.299 of 2019, on the file of the 2nd respondent.

For Petitioner : Mr.P.Praveenkumar For Respondents : Mr.S.Chandrasekar (R1 & R2) Additional Public Prosecutor

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 II Additional District and Sessions Judge, (PCR Act Cases), Tirunelveli, shall deal and https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.7136 of 2020 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 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.

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

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) MPK Note : In view of the present lock down owing to COVID19 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 II Additional District and Sessions Judge (PCR Act Cases), Tirunelveli, 2.The Assistant Commissioner of Police, Tirunelveli Junction (City), Tirunelveli District.

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

CRL OP(MD)No.7136 of 2020 09.07.2020 KM (13.07.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2