Kathirvelu v. The Deputy Superintendent Of Police

Crl.O.P.(MD)No.8918 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.8918 of 2020 1.Kathirvelu 2.Chitra ... Petitioners / Accused Nos.1 & 2 Vs.

1.The Deputy Superintendent of Police, Aranthangi, Pudukottai District.

2.The Inspector of Police, Avudaiyarkoil Police Station, Pudukottai District. ... Respondent 1 & 2/Complainant (Crime No.490 of 2020) 3.Karuppayee ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Judge (Special Court for SC/ST (PA) Act Cases), Pudukottai, to consider the petitioners' bail application on the same day of their surrender in Crime No.490 of 2020 on the file of the Inspector of Police, Avudaiyarkoil Police Station, Pudukottai District. For Petitioners : Mr.T.Lenin Kumar 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 Principal District and Sessions Judge, (Special Court for SC / ST (PA) Act cases), Pudukottai, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8918 of 2020 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 (crl side) // 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 Principal District and Sessions Judge (Special Court for SC/ST (PA) Act Cases), Pudukottai 2.The Deputy Superintendent of Police, Aranthangi, Pudukottai District.

3.The Inspector of Police, Avudaiyarkoil Police Sation, Pudukottai District.

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

+1 CC to Mr.T. LENIN KUMAR, Advocate ( SR-14939[F] dated 26/08/2020 ) Crl.O.P.(MD)No.8918 of 2020 25.08.2020 VB (31.08.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2