Madras High CourtCRL OP(MD)/8979/2020allowed

Albert Durairaj v. The Deputy Superintendent Of Police

2020-08-27Honourable Mr Justice R. Pongiappan2 pages

CRL OP(MD)No.8979 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)No.8979 of 2020 Albert Durairaj ... Petitioner / A1 Vs.

1. The Deputy Superintendent of Police, Sattur, Virudhunagar District.

2. The State Rep. by its The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

... Respondents / Complainants cr.No.474 of 2020

3. Balamurugan ... 3rd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 of Criminal Procedure Code, to direct the Sessions Court (Special Court for SC/ST (POA) Act) Virudhunagar, to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender in Cr.No.474 of 2020, on the file of the respondent Police. For Petitioner : Mr.N.Mariappan For Respondents : Mr.A.P.G. Ohm Chairma Prabhu (R1 & R2) Govt.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 two weeks from the date of receipt of a copy of this order and on such surrender, the learned Sessions Judge (Special Court for SC/ST (POA) Act) Virudhunagar, shall deal and dispose the matter on the same day, on merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD)No.8979 of 2020

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 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) MPK 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 Sessions Court, (Special Court for SC/ST (POA) Act), Virudhunagar.

2. The Deputy Superintendent of Police, Sattur, Virudhunagar District.

3. The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

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

CRL OP(MD)No.8979 of 2020 27.08.2020 CS(02.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/