Madras High CourtCRL OP(MD)/9463/2020disposed of

Sathiyaraj v. The Deputy Superintendent Of Police

2020-09-08Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9463 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9463 of 2020 Sathiyaraj ... Petitioner / Accused No.1 Vs.

1.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Amathur Police Station, Virudhunagar District.

(Crime No.325 of 2020) ...Respondents 1 & 2 / Complainant 3.Sankarnath ... 3rd Respondent / De facto complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Principal District and Sessions Court, Virudhunagar District at Srivilliputhur (Special Court for SC & ST (POA) Act Cases) to Consider the bail application of the petitioner in the case in Crime No.325 of 2020, on the file of the second respondent, on the same date of surrender and dispose of the same on its merits and in accordance with law.

For Petitioner : Mr.M.JothiBasu For R1 and R2 : Mr.M.Ganesan 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 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 Court, Virudhunagar District, at Srivilliputhur (Special Court for SC & ST (POA) Act Cases), shall deal and dispose of 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 de facto complainant through the respondent police. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9463 of 2020

3. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg 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 Principal District and Sessions Court, Virudhunagar District, at Srivilliputhur (Special Court for SC & ST (POA) Act Cases). 2.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

3.The Inspector of Police, Amathur Police Station, Virudhunagar District.

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

+1 CC to M/s.M. JOTHI BASU, Advocate ( SR-16282[F] dated 08/09/2020 ) Crl.O.P.[MD]No.9463 of 2020 08.09.2020 KB(11.09.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2