Kaliyamoorthi v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2018
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.22296 of 2018 1.Kaliyamoorthi 2.Srinivasan ..Petitioners/Accused Nos 1 & 2 Vs.
1.The Deputy Superintendent of Police, Pudukkottai Town, Pudukkottai District.
2.State, rep. by Inspector of Police, Gantharvakottai Police Station, Pudukkottai District.
(Cr.No.77/2018)
...Respondents/Complainants
3.Palanivel
...Respondent/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned Principal Sessions Judge-cum-Special Court for Trial of SC/ST Act Cases, Pudukkottai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.77 of 2018, dated 20.05.2018 on the file of the Respondent police. For Petitioner : Mr.M.Karunanithi For Respondents-1 & 2 : Mr.K.Robinson, Government Advocate
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 two weeks from the date of receipt of a copy of this order and on such surrender, the learned Principal Sessions Judgecum-Special Court for Trial of SC/ST Act Cases, Pudukkottai 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/
3. This criminal Original Petition is disposed of with the above directions.
Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Principal Sessions Judge-cum- Special Court for Trial of SC/ST Act Cases, Pudukkottai.
2.The Deputy Superintendent of Police, Pudukkottai Town, Pudukkottai District.
3. The Inspector of Police, Gantharvakottai Police Station, Pudukkottai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
• 1 CC TO Mr.M.Karunanithi , ADVOCATE IN SR No.100826. • • AM • DS SKN SAR1 26 12 2018 2P 6C Crl.O.P.(MD).No.22296 of 2018 18.12.2018 https://hcservices.ecourts.gov.in/hcservices/