Madras High CourtCRL OP(MD)/10659/2020disposed of

Petchi v. The Deputy Superintendent Of Police

2020-10-01Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.[MD]No.10659 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.10659 of 2020 1.Petchi 2.Valarmathi 3.Chinnaraja : Petitioners/Accused Nos.1 to 3 Vs.

1. State represented through the Deputy Superintendent of Police, Thirumangalam Sub Division, Madurai District.

2. The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

(in Crime No.1140 of 2020) : Respondent Nos.1&2/Complainants

3. Kaniyammal : 3rd Respondent/De-facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned 3rd Additional Sessions Special Court for the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act cases (PCR Court), Madurai District to consider the bail application of the petitioner on the same day of surrender in Crime No.1140 of 2020 on the file of the second respondent police station.

For Petitioners : Mr.R.Karunanidhi For R-1 and R-2 : Mr.R.Erottuchamy Government Advocate (Crl.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 four weeks from the date of receipt of a copy of this order and on such surrender, the learned 3rd Additional Sessions Special Court for the Schedule Caste and Schedule Tribes (Prevention https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.10659 of 2020 of Atrocities) Act cases (PCR Court), Madurai District, shall deal nd dispose the matter on the same day on merits and in accordance ith 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. 3.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 3rd Additional Sessions Special Court for the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act cases (PCR Court), Madurai District.

2. The Deputy Superintendent of Police, Thirumangalam Sub Division, Madurai District.

3. The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

Copy to: The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.[MD]No.10659 of 2020 01.10.2020 SRK(CO) CS(09.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2