Madras High CourtCRL OP(MD)/9971/2020disposed of

Prabu v. The Deputy Superintendent Of Police

2020-09-18Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9971 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.9971 of 2020 1.Prabu 2.Karuppayee ... Petitioners/Accused No 1&2 Vs.

1.State rep. By The Deputy Superintendant of Police, Samanallur (Sub Division), Madurai District.

2.The Sub-Inspector of Police, Vadipatti Police Station, Madurai District.

(Crime No.735 of 2020) ... Respondents/Complainants 3.Kannan ... Respondent/De facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional Sessions Court(PCR), Madurai, Madurai District, to accept the surrender of the petitioners and consider bail application on merits on the date of their surrender in Crime No.735 of 2020 on the file of the second respondent Police on very same day.

For Petitioners :

Mr.M.Thiyagarajan For R1 & R2 :

Mr.C.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 III Additional Sessions Judge (PCR), Madurai, Madurai District, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9971 of 2020 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 // True Copy // / /2020 Sub Assistant Registrar(CS) 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 1.The III Additional Sessions Judge (PCR), Madurai, Madurai District.

2.The Deputy Superintendant of Police, Samanallur (Sub Division), Madurai District.

3.The Sub-Inspector of Police, Vadipatti Police Station, Madurai District.

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

Crl.O.P.[MD]No.9971 of 2020 18.09.2020 NS(CO) AP(24/09/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2