Madras High CourtCRL OP(MD)/21918/2018disposed of

K. Karthick @ Ganeshkumar v. The Assistant Superintendent

2018-12-12Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No. 21918 of 2018 K.Karthick @ Ganeshkumar .. Petitioner / Accused No.2 Vs.

1.The State represented by its The Assistant Superintendant of Police, Cheranmahadevi, Tirunelveli District.

2.The Sub Inspector of Police, Pathamadai Police Station, Tirunelveli District.

In Crime No.161 of 2018 .. Respondents/Complainants 3.Petchiammal .. 3rd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., direct the learned II Additional District and Sessions Judge cum PCR Court, Tirunelveli to accept the surrender of the petitioner and consider the petitioners bail application and grant bail on the same date of surrender itself in Crime No. 161 of 2018 on the file of the 2nd respondent police.

For Petitioner : Mr. B.Santhanam Rajeshkumar For R-1 & R-2 : Mr. A. Robinson, Government Advocate (Criminal 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 II Additional District and Sessions Judge cum PCR Court, 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 https://hcservices.ecourts.gov.in/hcservices/

defacto complainant through the respondent police.

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

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS-IV) To 1.The II Additional District and Sessions Judge cum PCR Court, Tirunelveli

2. The Assistant Superintendant of Police, Cheranmahadevi, Tirunelveli District.

3.The Sub Inspector of Police, Pathamadai Police Station, Tirunelveli District.

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

+1cc to Mr.B.SANTHANAM RAJESH KUMAR, Advocate, SR.No.100197 Crl.O.P.(MD).No. 21918 of 2018 12.12.2018 LS KK/PM/SAR-4/26.12.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/