Madras High CourtCRL OP(MD)/22016/2018closed

R.Kavitha v. The Deputy Superintendent Of

2018-12-13Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No. 22016 of 2018 1.P.Kavitha 2.P.Muppudathi @ Kayal .. Petitioners / Accused Nos.5 & 6 Vs.

1.The State represented by The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Alangulam Sub Division, Tirunelveli District.

(Crime No.559 of 2018) 2.The Inspector of Police, Pavoorchatram Police Station, Tirunelveli District.

(Crime No.559 of 2018) .. Respondents / Complainants 3.D.Tamil Selvam ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the Learned II Additional District Court Special Court for SC/ST (POA) Act Tirunelveli to consider the bail application of the petitioners on the same day on their surrender in connection with crime no.559 of 2018 on the file of the Respondent No.2.

For Petitioners : Mr. I.Pinaygash For R-1 and 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 petitioners are 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 Court Special Court for SC/ST (POA) Act 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 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. https://hcservices.ecourts.gov.in/hcservices/

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

Sd/ Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar(CS-III) To

1. The II Additional District Judge, Special Court for SC/ST (POA) Act, Tirunelveli .

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Alangulam Sub Division, Tirunelveli District.

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

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

+1cc to Mr.I.PINAYGASH, Advocate, SR.No.100127 Crl.O.P.(MD).No. 22016 of 2018 13.12.2018 LS KK/SV/SAR-3/24.12.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/