Madras High CourtCRL OP(MD)/10230/2020disposed of

Eswaran v. The Deputy Superintendent Of Police

2020-09-24Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.10230 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.10230 of 2020 Eswaran ... Petitioner / Accused No.1 Vs.

1.The Deputy Superintendent of Police, Bodinayakkanur, Theni District.

2.The State represented by its The Inspector of Police, Bodi Town Police Station, Theni District.

... Respondents/Complainant (Crime No.2650 of 2020) 3.Murugan ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for SC/ST (POA) Act, Theni, to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender in Crime No.2650 of 2020, on the file of the second respondent Police. For Petitioner : Mr.S.Balaji For R1 and R2 : Mr.C.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 Special Judge for SC / ST (POA Act), Theni, 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 defacto complainant through the respondent police. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10230 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 Special Judge (Special Court for SC/ST (POA) Act), Theni. 2.The Deputy Superintendent of Police, Bodinayakkanur, Theni District.

3.The Inspector of Police, Bodi Town Police Station, Theni District.

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

+1 CC to Mr.S. BALAJI, Advocate ( SR-17928[F] dated 24/09/2020 ) Crl.O.P.[MD]No.10230 of 2020 24.09.2020 VB (30.09.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2