Madras High CourtCRL OP(MD)/8660/2020disposed of

Bharathiraja v. Deputy Superintendent Of Police

2020-08-20Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8660 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.8660 of 2020 1.Bharathiraja 2.Petchivel ... Petitioners/Accused 1 & 2 Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Law and Order Town Sub Division, Tirunelveli District.

2.State through, The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli District.

(In Crime No.1032 of 2020) ...1st & 2nd Respondents 3.Rajapandiyan ...Defacto Complainant/ Respondent No.3 PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Hon'ble II District Sessions Judge, Tirunelveli to consider the bail application filed by the petitioners and pass order in the bail application filed by the petitioners on the same date of their surrender in Crime No.1032 of 2020 on the file of the second respondent in accordance with law. For Petitioners : Mr.S.Ramesh Kumar For R1 and R2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate

O R D E R

Heard both sides and documents perused.

2.Today, when the petition is came up for hearing, the learned Government Advocate appearing for the respondents 1 and 2, on instructions, would submit that in respect of the offence punishable under Section 307 of I.P.C., the injured persons, who sustained injury in the alleged occurrence, had treated as out patient. 3.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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8660 of 2020 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 II District Sessions Judge, Tirunelveli, shall deal and dispose the matter on the same day on merits and in accordance with law.

4.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. 5.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (Crl.Side) // 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 II District Sessions Judge, Tirunelveli.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Law and Order Town Sub Division,Tirunelveli District. 3.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.[MD]No.8660 of 2020 20.08.2020 AP(27/08/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2