Madras High CourtCRL OP(MD)/20583/2018disposed of

Muthukumar v. The Deputy Superintendent Of

2018-11-19Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.20583 of 2018 1.Muthukumar 2.Rathish 3.Suriyaprakash : Petitioners/Accused 1&2, 3rd petitioner rank not known Vs.

1. The Deputy Superintendent of Police, Melur, Madurai District. : 1st Respondent/Complainant

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

(Crime No.240 of 2018) : 2nd Respondent/Complainant

3. Kaliappan : 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned III Additional Sessions Judge, PCR Cases, Madurai under the SC/ST Act to consider of the bail application on the surrender of the petitioners in connection with Crime No.240 of 2018, pending investigation on the file of the second respondent on merits on the same day.

For Petitioners : Mr.G.Mathavan For R1 and R2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

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 two weeks from the date of receipt of a copy of this order and on such surrender, the learned III Additional Sessions Judge, PCR Cases, Madurai, shall deal and dispose the matter on the same day on merits and in accordance with law.

https://hcservices.ecourts.gov.in/hcservices/

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 (CS-II) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The III Additional Sessions Judge, PCR Cases, Madurai.

2. The Deputy Superintendent of Police, Melur, Madurai District.

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

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

+ 1 CC TO Mr.G.MATHAVAN, ADVOCATE IN SR No. 95898 DAS TE/SV/SAR-4 : 30/11/2018 : 2P/6C Crl.O.P.[MD].No.20583 of 2018 19.11.2018 https://hcservices.ecourts.gov.in/hcservices/