Madras High CourtCRL OP(MD)/15900/2018disposed of

Selvam v. The Deputy Superintendent Of

2018-09-06Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15900 of 2018 Selvam : Petitioner / Accused No.1 Vs.

1.The Deputy Superintendent of Police, Karaikudi, Sivangangai District.

2.The State represented by The Sub Inspector of Police, Pallathur, Sivagangai District.

(Crime No.128 of 2018) : 1st & 2nd Respondents / Complainant 3.Valli : 3rd Respondent / De facto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the learned Additional District Sessions Judge (Special Court for PCR Cases), Sivagangai to accept the surrender of the petitioner and consider the bail application of the petitioner on the very same day in Crime No.128 of 2018, on the file of the respondent Police.

For Petitioner : Mr.AL.Ganthimathi For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the learned Additional District Sessions Judge (Special Court for PCR Cases), Sivagangai to accept the surrender of the petitioner and consider the bail application of the petitioner on the very same day in Crime No.128 of 2018, on the file of the respondent Police. 2.The respondent Police has registered a case against the petitioner in Crime No.128 of 2018, on the file of the learned Additional District Sessions Judge (Special Court for PCR Cases), Sivagangai, for the offences punishable under Sections 143, 447, 506 (i) I.P.C and 3 (1) (r) and 3 (1) (S) of the Scheduled Caste / Scheduled Tribes (Prevention of Atrocities) Act, 2015. https://hcservices.ecourts.gov.in/hcservices/

3.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, learned Additional District Sessions Judge (Special Court for PCR Cases), Sivagangai, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Sections 143, 447, 506(i) I.P.C and 3 (1) (r) and 3 (1) (S) of the Scheduled Caste / Scheduled Tribes (Prevention of Atrocities) Act, 2015. . 4.This criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Additional District Sessions Judge (Special Court for PCR Cases), Sivagangai.

2.The Deputy Superintendent of Police, Karaikudi, Sivangangai District.

3.The Sub Inspector of Police, Pallathur, Sivagangai District.

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

+1CC to Mr.AL.Ganthimathi, Advocate, SR.No.82838 Crl.O.P.[MD].No.15900 of 2018 06.09.2018 TSG ES/RP/SAR 4/14.09.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/