Balamurugan @ Manobalan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN 1.Balamurugan @ Manobalan 2.Senthilkumar @ Senthil 3.Rajkumar ... Petitioners / Accused Nos.1 to 3 Vs.

1.The Deputy Superintendent of Police, Muthupettai Division, Thiruvarur District.

2.The Inspector of Police, Muthupettai Police Station, Thiruvarur District.

In Crime No.2310 of 2020 ... Respondents 1 & 2 / Complainants 3.Sivaprakash ... 3rd Respondent / Defacto complainant 4.Sivamohan 5.Sivabalan ... Respondents 4 & 5 / Victim PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the I Additional District and Sessions Judge / PCR Court, Thanjavur, to consider the bail application to be filed by the petitioners on the same day of their surrender in connection with Crime No.2310 of 2020 on the file of the second respondent. For Petitioners : Mr.A.Arunprasad For R-1 & R-2 : Mr.R.Erottuchamy Government Advocate(Crl.Side)

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 1/3

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 District and Sessions Judge / PCR Court, Thanjavur, 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 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 1st Additional District and Sessions Judge, (PCR Court), Thanjavur.

2.The Deputy Superintendent of Police, Muthupettai Division, Thiruvarur District.

3.The Inspector of Police, Muthupettai Police Station, Thiruvarur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 03.09.2020 2/3

rm SDS (08.09.2020) 3P-5C 3/3