Madras High CourtCRL OP(MD)/9341/2020disposed of

Kottaisamy v. The Deputy Superintendent Of Police

2020-09-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.9341 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9341 of 2020 Kottaisamy ... Petitioner/Sole Accused Vs.

1.The State Rep. by The Deputy Superintendent of Police, Maniyachi Sub Division, Thoothukudi District.

2.The State rep by The Inspector of Police, Naraikinaru Police Station, Thoothukudi District.

(in Crime No.37 of 2020) ...Respondents Nos 1&2/Complainant 3.Anantharaj ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Judge (PCR) Cases, (*)Tirunelveli, to accept the surrender and consider the bail petition to be filed by the petitioner in Crime No.37 of 2020 on the file of the respondent police on the same day on merits. For Petitioner : Mr.M.Murugesan For R-1 and R-2 : Mr.M.Ganesan 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 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 Principal District and Sessions Judge (PCR) Cases, (*)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 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9341 of 2020 defacto complainant through the respondent police. 3.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CS-III) Sd/- Assistant Registrar(CS-II) (*)AMENDED AS PER ORDER OF THIS HON'BLE COURT DATED 18.09.2020 /True Copy/ Sub Assistant Registrar 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 BE SUBSTITUTED THE ORDER ALREADY DESPATCHED ON 11.09.2020 To 1.The Principal District and Sessions Judge (PCR) Cases, (*)Tirunelveli.

2.The Deputy Superintendent of Police, Maniyachi Sub Division, Thoothukudi District.

3.The Inspector of Police, Naraikinaru Police Station, Thoothukudi District.

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

Copy to:

The Principal District and Sessions Judge (PCR) Cases, Thoothukudi.

Crl.O.P.[MD]No.9341 of 2020 04.09.2020 KB(11.09.2020) 2P 5C KK/25.09.2020/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2