Madras High CourtCRL OP(MD)/8244/2020disposed of

Sampath v. The Deputy Superintendent Of Police

2020-08-06Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8244 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.8244 of 2020 1.Sampath 2.Ganesan 3.Kannan

...Petitioners/Accused No.2 to 4

Vs.

1.The Deputy Superintendent of Police, Uthamapalayam Taluk, Theni District.

2.The Inspector of Police, Cumbum South Police Station, Theni District.

...Respondents/Complainants

3.Samandi

...Respondent/De-facto

Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), then to accept the surrender of the petitioners/Accused No.2 to 4 and consider the bail application of the petitioners and grant bail on the same day of surrender itself in Crime No.764 of 2020, dated 26.07.2020 on the file of the second respondent police. For Petitioners : Mr.V.Manikandan 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 District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 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 petitioners shall serve advance notice of surrender and bail two https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8244 of 2020 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 (CSII) // 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 District and Sessions judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Theni District.

2.The Deputy Superintendent of Police, Uthamapalayam Taluk, Theni District.

3.The Inspector of Police, Cumbum South Police Station, Theni District.

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

+1 CC to M/s.V. MANIKANDAN, Advocate ( SR-13883[F] dated 12/08/2020 ) Crl.O.P.[MD]No.8244 of 2020 06.08.2020 KB(18.08.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2