Madras High CourtCRL OP(MD)/9161/2020disposed of

Perumal v. The Deputy Superintendent Of Police

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

Crl.O.P.[MD]No.9161 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.9161 of 2020 Perumal ... Petitioner / Sole Accused Vs.

1.The State rep. by The Deputy Superintendent of Police, Nagercoil. 2.The Inspector of Police, Asaripallam Police Station, Kanyakumari District.

(Crime No.219 of 2020) ... Respondents 1 & 2 / Complainant 3.M.Ponraj ... 3rd Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Additional Sessions Judge-II (Special Court constituted under Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989), Tirunelveli, to consider the bail application on merits and dispose of the bail application on the same day in the event of his surrender, in Crime No.219 of 2020, on the file of the second respondent.

For Petitioner : Mr.K.Rajeshwaran 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 petitioner is 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 Additional Sessions JudgeII (Special Court constituted under Scheduled Caste and the Scheduled Tribes Prevention of Atrocities Act, 1989), Tirunelveli, 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 petitioner shall serve advance notice of surrender and bail two https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.9161 of 2020 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 (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 Additional Sessions Judge-II (Special Court constituted under Scheduled Caste and the Scheduled Tribes Prevention of Atrocities Act, 1989), Tirunelveli.

2.The Deputy Superintendent of Police, Nagercoil.

3.The Inspector of Police, Asaripallam Police Station, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.[MD]No.9161 of 2020 01.09.2020 cp SDS (08.09.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2