Madras High CourtCRL OP(MD)/9571/2020allowed

S.Siva Sekaran @ Barma Sekar v. The Deputy Superintendent Of Police

2020-09-10Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9571 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9571 of 2020 S.Siva Sekaran @ Barma Sekar ... Petitioner / Sole Accused Vs.

1.The Deputy Superintendent of Police, Kumbakonam, Thanjavur District.

2.The Inspector of Police, Pateeswaram Police Station, Pateeswaram, Thanjavur District. ... 1st and 2nd Respondents / Complainant 3.Kalaiselvan ... 3rd Respondent / De facto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Ist Additional District and Sessions Court (Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Thanjavur, to accept the surrender of the petitioner / Accused and to consider the bail application filed by the petitioner and to grant bail to the petitioner on the date of the surrender itself in Crime No.1209 of 2020, on the file of the second respondent Police. For Petitioner : Mr.P.Pethu Rajesh For R1 and R2 : Mr.M.Ganesan Government Advocate (Criminal 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 Ist Additional District and Sessions Court (Special Court for Scheduled Caste and Scheduled Tribes https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9571 of 2020 (Prevention of Atrocities) Act, 1989), 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 de facto complainant through the respondent police.

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

Sd/- Assistant Registrar (AS) // 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 Ist Additional District and Sessions Court (Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Thanjavur 2.The Deputy Superintendent of Police, Kumbakonam, Thanjavur District.

3.The Inspector of Police, Pateeswaram Police Station, Pateeswaram, Thanjavur District.

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

+1 CC to M/s.P. PETHU RAJESH, Advocate ( SR-16563[F] dated 10/09/2020 ) Crl.O.P.[MD]No.9571 of 2020 10.09.2020 tsg SDS (11.09.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2