Madras High CourtCRL OP(MD)/10515/2020disposed of

T.Nesaiyan v. The Superintendent Of Police

2020-09-29Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.10515 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.10515 of 2020 1.T.Nesaiyan 2.N.Rose Bai 3.N.Rajan 4.N.Sudha ... Petitioners / Accused Nos.1 to 4 Vs.

1.The Deputy Superintendent of Police, Thuckalai, Kanyakumari District.... 1st Respondent/Complainant 2.State represented by the Inspector of Police, Arugani Police Station, Kanyakumari District.

(Crime No.36 of 2020) ... 2nd Respondent/ Complainant 3.M.Sugumaran Kani ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned II Additional District Sessions Judge cum P.C.R.Court, Tirunelveli, to consider the petitioners' bail application and dispose the bail application on the same day, if the petitioners' surrender before the learned II Additional District Sessions Judge cum P.C.R. Court, Tirunelveli, in Crime No.36 of 2020, on the file of the second respondent.

For Petitioners : Mr.R.J.Karthick 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 II Additional District Sessions Judge, P.C.R.Court, Tirunelveli, shall deal and dispose the matter on the same day on merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10515 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 defacto 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 II Additional District Sessions Judge cum P.C.R.Court, Tirunelveli, 2.The Deputy Superintendent of Police, Thuckalai, Kanyakumari District.

3.The Inspector of Police, Arugani Police Station, Kanyakumari District.

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

Crl.O.P.[MD]No.10515 of 2020 29.09.2020 VB (06.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2