Madras High CourtCRL OP(MD)/9449/2020disposed of

Pandiarajan v. The Deputy Superintendent Of Police

2020-09-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.9449 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.9449 of 2020 1.Pandiarajan 2.Ganesan 3.Ranjith Kumar 4.Karthick ... Petitioners / Accused Nos.1 to 4 Vs.

1.The Deputy Superintendent of Police, Karaikudi Sub Division, Karaikudi, Sivagangai District.

2.The State through The Inspector of Police, Karaikudi North Police Station, Sivagangai District. ...Respondents 1 & 2 / Complainant 3.AL.Sekar ... 3rd Respondent / De facto complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Additional District and Sessions Court for exclusive Trial for PCR Act Cases, Sivagangai, to consider the petitioners' bail application on the same day of their surrender in Crime No.773 of 2020, on the file of the Inspector of Police, Karaikudi North Police Station, Sivagangai District. For Petitioners : Mr.V.M.Jegadeesha Pandian 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 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 Additional District and Sessions Court for exclusive Trial for PCR Act Cases, Sivagangai, shall deal and dispose of the matter on the same day on merits and in accordance with law.

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Crl.O.P.(MD)No.9449 of 2020

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 de facto complainant through the respondent police.

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 Additional District and Sessions Judge for exclusive Trial for PCR Act Cases, Sivagangai, 2.The Deputy Superintendent of Police, Karaikudi Sub Division, Karaikudi, Sivagangai District.

3.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

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

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