Madras High CourtCRL OP(MD)/20474/2018disposed of

Paulkannan@Palakannan v. The Deputy Superintendent Of

2018-11-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD)No.20474 of 2018 Paulkannan @ Palakannan ... Petitioner/Accused No.1 Vs.

1.The Deputy Superintendent of Police, Thalaiyuth Sub Division, Thalaiyuth, Tirunelveli District.

2.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

(Crime No.387 of 2018) ... Respondents/Complainants 3.Veerakutty.

... Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned Additional District Sessions Court No.II, Special Court of Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Tirunelveli to consider and dispose of the bail application of the petitioner in Crime No.387 of 2018 on the file of the second respondent on the same day of his surrender before the said Court.

For Petitioner : Mr.K.Neelamegam For R1 & R2 : Mr. A. Robinson, 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 Additional District Sessions Court No.II, Special Court of Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Tirunelveli, shall deal and 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. https://hcservices.ecourts.gov.in/hcservices/

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

Sd/ Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar(CS-I) To 1.The Additional District Sessions Court No.II, Special Court of Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Tirunelveli.

2.The Deputy Superintendent of Police, Thalaiyuth Sub Division, Thalaiyuth, Tirunelveli District.

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

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

+1cc to Mr.K.NEELAMEGAM, Advocate, SR.No.95728 Crl.O.P.(MD)No.20474 of 2018 16.11.2018 GNS KK/RSK/SAR-1/29.11.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/