Madras High CourtCRL OP(MD)/10293/2020disposed of

Rajendran v. The Deputy Superintendent Of Police

2020-09-25Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.10293 of 2020 1.Rajendran 2.Vasanthakumar 3.Anandakumar 4.Paramasivam 5.Udhayakumar : Petitioners / Accused Nos.1 to 5 Vs.

1.The Deputy Superintendent of Police, (*)Orathanadu, Thanjavur District.

2.State represented by the Inspector of Police, Vattathikottai Police Station, Thanjavur District.

(In crime No.1180/2020) : Respondent Nos.1 & 2/Complainant 3.Subramanian : 3rd Respondent/De-facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional District and Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.1180 of 2020, dated 17.09.2020. For Petitioners : Mr.B.Anandan 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 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 I Additional District and Sessions Judge [PCR Court], Thanjavur, shall deal and dispose the matter on the same day on merits and in accordance with law. 1/3

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 (C.O) (*)Amended as per order of this Hon'ble Court dated 15.12.2020 in CRL MP(MD).7003 of 2020 in CRL OP(MD).10293 of 2020 Sd/- Assistant Registrar (T & P) // 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 (*) to be substituted the order already despatched on 05.10.2020

1. The I Additional District and Sessions Judge (PCR Court), Thanjavur.

2. The Deputy Superintendent of Police, (*)Orathanadu, Thanjavur District.

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

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2/3

Copy to The Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

Crl.O.P.[MD]No.10293 of 2020 25.09.2020 SCR(CO) CS(01.10.2020) 3P 5C TR(17.12.2020) 3P 6C 3/3