Madras High CourtCRL OP(MD)/8771/2020allowed

Manickam v. The Deputy Superitendent Of Police,

2020-08-21Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8771 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.8771 of 2020 1.Manickam 2.Jayaraman ... Petitioners / Accused Nos.1 & 2 Vs.

1.The State by Deputy Superintendent of Police, Devakottai, Ram Nagar, Sivagangai District.

2.The State by Inspector of Police, Thiruvegampet police Sation, Sivagangai District.

In Crime No.191 of 2020 3.Karuppiah ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for P.C.R. Cases namely, the Additional District and Sessions Judge for the exclusive trial of PCR Act cases, Sivagangai, to accept the surrender of the petitioners in Crime No.191 of 2020 on the file of the respondent police and to dispose of their bail application on the same day itself.

For Petitioners : Mr.S.Balakarthick For R-1 & R-2 : 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 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 Additional District and Sessions Judge for the exclusive trial of PCR Act cases, Sivagangai, shall deal and dispose the matter on the same day on merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8771 of 2020 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. 3.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(Records) // 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 Additional District and Sessions Judge for Executive trial for PCR Act, Cases, Sivagangai. 2.The Deputy Superintendent of Police, Devakottai, Ram Nagar, Sivagangai District.

3.The Inspector of Police, Thiruvegampet police Sation, Sivagangai District.

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

Crl.O.P.(MD)No.8771 of 2020 21.08.2020 svn(CO) TR(27.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2