Madras High CourtCRL OP(MD)/9150/2020disposed of

Shanmugam v. The Deputy Superintendent Of Police

2020-09-01Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.[MD]No.9150 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.9150 of 2020 1.Shanmugam 2.Ravi ... Petitioners/Accused Nos.1 & 2 Vs.

1.The Deputy Superintendent of Police, Manapparai Taluk, Trichy District.

2.State represented by The Sub Inspector of Police, Vaiyampatty Police Station, Trichy District.

(Crime No.786 of 2020) ...1st and 2nd respondents/ Complainant 3.C.Valarjothi ... 3rd Respondent / De facto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional Sessions Cum (PCR) Court, Trichy District, to accept/to surrender and consider the bail application to be filed by the petitioners on the same day on merits in Crime No.786 of 2020 on the file of the second respondent police. For Petitioners : Mr.N.Sudhagar Nagaraj For R-1 and R-2 : Mr.R.Erottuchamy Government Advocate (Crl.Side)

ORDER

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 I Additional Sessions Judge, I Additional Sessions Cum (PCR) Court, Trichy District, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.9150 of 2020 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 (CS-II) // 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 I Additional Sessions Judge, I Additional Sessions Cum (PCR) Court, Trichy District.

2.The Deputy Superintendent of Police, Manapparai Taluk, Trichy District.

3.The Sub Inspector of Police, Vaiyampatty Police Station, Trichy District.

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

+1 CC to Mr.N. SUDHAGAR NAGARAJ, Advocate ( SR-15467[F] dated 01/09/2020 ) Crl.O.P.[MD]No.9150 of 2020 01.09.2020 VB (08.09.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2