Madras High CourtCRL OP(MD)/7859/2020disposed of

Ganesan v. The Deputy Superintendent Of Police

2020-07-29Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.7859 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.7859 of 2020 1.Ganesan 2.Natarajan ... Petitioners/Accused No.1 & 2 Vs.

1.The Deputy Superintendent of Police, Manamadurai (Incharge), Sivagangai, Sivagangai District.

2.The Inspector of Police, Madagupatti Police Station, Sivagangai District.

... Respondent/Complainant [Crime No.385 of 2020] 3.Boominathan ... Respondent/ De facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Sessions Judge cum P.C.R Court, Sivagangai to accept the surrender of the petitioner in connection with the Crime No.385/2020 pending investigation on the file of the second respondent police and to consider and pass orders in the bail application on the same day.

For Petitioners : Mr.V.Kannan 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 Sessions Judge cum P.C.R Court, Sivagangai, shall deal and dispose the matter on the same day on merits and in accordance with law.

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Crl.O.P.(MD)No.7859 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/- Deputy Registrar (Accounts) // 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 cum P.C.R Court, Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai (Incharge), Sivagangai, Sivagangai District.

3.The Inspector of Police, Madagupatti Police Station, Sivagangai District.

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

Crl.O.P.[MD]No.7859 of 2020 29.07.2020 VB (05.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2