Madras High CourtCRL OP(MD)/7362/2020disposed of

N.Shanmuganathan v. The Inspector Of Police

2020-07-14Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.7362 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.7362 of 2020 1.N.Shanmuganathan 2.Nangaiappan (Ashok) ... Petitioners/Accused No.1 & Vs.

1.The State Rep. by The Inspector of Police, C-3 Police Station, Perumalpuram, Palayamkottai, Tirunelveli District.

(Crime No.488 of 2020) 2.The Assistant Commissioner of Police, Tirunelveli City, Tirunelveli.

... Respondents 1&2/Complainants 3.P.Perumbadaiyar ... Respondent No.3/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned II Additional Sessions Judge, Tirunelveli, Tirunelveli District to accept their surrender and subsequent bail application of the petitioners herein in connection with Crime No.488 of 2020 on the file of the Inspector of Police, C3 Police Station, Perumalpuram, Palayamkottai City, Tirunelveli District and later consider the same on merits and in accordance with law on the same day itself.

For Petitioners : Mr.S.Palani Velayutham For R1 and R2 : Mr.S.Chandrasekar 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 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 II Additional Sessions Judge, Tirunelveli, Tirunelveli District, shall deal and dispose the matter on the same day on merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7362 of 2020 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. 3.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (CS-II) // 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 II Additional Sessions Judge, Tirunelveli, Tirunelveli District.

2. The Inspector of Police, C-3 Police Station, Perumalpuram, Palayamkottai, Tirunelveli District.

3. The Assistant Commissioner of Police, Tirunelveli City, Tirunelveli.

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

Crl.O.P.[MD]No.7362 of 2020 14.07.2020 VB (21.07.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2