Madras High CourtCRL OP(MD)/9082/2020allowed

Nagaselvam v. The Deputy Superintendent Of Police

2020-08-31Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9082 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.9082 of 2020 1.Nagaselvam 2.Kesavan : Petitioners / Accused Nos.1 & 2 Vs.

1.The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

2.The Inspector of Police, Madukkur Police Station, Thanjavur District.

(Crime No.1235 of 2020) : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct before the P.C.R. Court / I Additional District and Sessions Judge, Thanjavur, to accept surrender of these petitioners and consider their bail application on the same day in connection with Crime No.1235 of 2020 pending investigation on the file of the respondent Police.

For Petitioners : Mr.D.R.Murugesan For Respondents : Mr.R.Erottuchamy 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 P.C.R. Court / learned I Additional District and Sessions Judge, (Special Court for SC / ST (PA) Act cases), Thanjavur, shall deal and dispose the matter on the same day on merits and in accordance with law.

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Crl.O.P.(MD)No.9082 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 (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.I Additional District and Sessions Judge, (Special Court for SC / ST (PA) Act cases), Thanjavur.

2. The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

3. The Inspector of Police, Madukkur Police Station, Thanjavur District.

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

Crl.O.P.(MD)No.9082 of 2020 31.08.2020 CS(08.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2