Madras High CourtCRL OP(MD)/21066/2018disposed of

Dhanapal v. The Deputy Superintendent Of

2018-11-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD)No.21066 of 2018 1.Dhanapal 2.Puvaneshwaran 3.Lakshmanan 4.Kathirvel ... Petitioners/Accused Nos.1to 4 Vs.

1.The Deputy Superintendent of Police, Manamadurai Sub Division, Manamadurai, Sivagangai District.

2.The Inspector of Police, Sipcot Police Station, Sivagangai District.

(Crime No.48 of 2018) 3.S.Balamurugan ... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned Sessions Judge, Special Judge of Exclusive Trial of Cases under SC/ST (POA), Act 1989, Sivagangai to consider and dispose of the bail application of the petitioners in Crime No.48 of 2018 on the file of the second respondent on the same day of their surrender before the said Court. For Petitioners : Mr.P.Kathanrajkumar For R1 & R2 : Mr. A. Anandharaj, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Judge of Exclusive Trial of Cases under SC/ST (POA), Act 1989, Sivagangai to consider the bail application of the petitioners on the same day of their surrender in Cr.No. 48 of 2018, which is registered for the offence under Sections 147, 148, 294(b), 324, 506(ii) IPC r/w 3(1)(r), 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, by the second respondent Police. 2.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 https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, Special Judge of Exclusive Trial of Cases under SC/ST (POA), Act 1989, Sivagangai, shall deal and dispose the matter on the same day on merits and in accordance with law.

3.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. 4.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 Sessions Judge,(Special Judge of Exclusive Trial of Cases under SC/ST (POA), Act 1989), Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai Sub Division, Manamadurai, Sivagangai District.

3.The Inspector of Police, Sipcot Police Station, Sivagangai District.

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

+1cc to Mr.P.Kathanrajkumar Advocate in SR.No.97819 Crl.O.P.(MD)No.21066 of 2018 28.11.2018 GNS PSPM SAR4 06.12.2018 2P 6C https://hcservices.ecourts.gov.in/hcservices/