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Madras High CourtCRL OP(MD)/8458/2020allowed

Chinnadurai v. The Deputy Superintendent Of Police

2020-08-14Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8458 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.8458 of 2020 Chinnadurai ... Petitioner/Accused No.4 Vs.

1.The State represented by The Deputy Superintendent of Police, Srivaikundam, Thoothukudi District.

: 1st Respondent/Complainant 2.The Inspector of Police Kurumbur Police Station, Thoothukudi District.

Crime No.298 of 2020.

: 2nd Respondent/Complainant 3.Mahendran : 3rd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the District and Sessions Court (SC/ST (POA) Act), Tirunelveli, to consider the surrender and bail application filed by the Petitioner in Crime No.298 of 2020, dated 02.08.2020 on the file of the second Respondent on the same day.

For Petitioner : Mr.R.Krishnan For R1 and R2 : Mr.APG.Ohm Chairma Prabhu Government Advocate

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 four weeks from the date of receipt of a copy of this order and on such surrender, the learned District and Sessions Judge, District and Sessions Court, (SC/ST/(POA) Act), Madurai, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8458 of 2020 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 // True Copy // / /2020 Sub Assistant Registrar(CS ) rm 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 Distirct and Sessions Judge, (SC/ST(POA) Act), Tirunelveli.

2. The Deputy Superintendent of Police, Srivaikundam, Thoothukudi District.

3.The Inspector of Police Kurumbur Police Station, Thoothukudi District.

Crime No.298 of 2020.

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

+1 CC to Mr.R. KRISHNAN, Advocate SR-14051.

Crl.O.P.(MD)No.8458 of 2020 14.08.2020 CS (20.08.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2