Madras High CourtCRL OP(MD)/20482/2018disposed of

Pothi @ Pothiraj v. The Deputy Superintendent Of

2018-11-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD)No.20482 of 2018 Pothi @ Pothiraj ... Petitioner Vs.

1.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.

2.The State Rep.by The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

(Crime No.713 of 2017) 3.D.Rajasekar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned Principal and District Sessions Judge (PCR Court), Virudhunagar District to consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Crime No.713 of 2017 on the file of the respondent.

For Petitioner: Mr.S.Mandhiralingeswaran For R1 & R2 : Mr. A. Robinson, Government Advocate (Crl.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 petitioner is 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 and District Sessions Judge (PCR Court), Virudhunagar District, shall deal and dispose the matter on the same day on merits and in accordance with law.

2.In due compliance of Act, 15-A of the SC/ST Act, the petitioner 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(CO) /True Copy/ Sub Assistant Registrar(CS-I) TO 1.The Principal and District Sessions Judge (PCR Court), Virudhunagar District.

2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.

3.The State Rep.by The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

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

• 1 CC TO Mr.S.Mandhiralingeswaran, ADVOCATE IN SR No. 95693. GNS DS SKN SAR1 29 11 2018 2P 6C Crl.O.P.(MD)No.20482 of 2018 16.11.2018 https://hcservices.ecourts.gov.in/hcservices/