Subash v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2018
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No. 20246 of 2018 Subash .. Petitioner Vs.
1. The Deputy Superintendent of Police, Tirunelveli Sub Division, Tirunelveli District.
2. The Inspector of Police, Manur Police Station, Tirunelveli District.
(Crime No.378 of 2018)
3. Madasamy .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the II Additional Sessions (PCR) Court, Tirunelveli, to consider the bail application of the petitioner/accused No.3 on the same day of his surrender in Crime No. 378 of 2018 on the file of the respondent police. For Petitioner : Mr.P.Krishnasamy For Respondents-1 & 2 : Mr.A.Robinson, Government Advocate (Criminal 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 II Additional Sessions (PCR) Judge, Tirunelveli, 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 petitioner shall secure advance notice of surrender and bail two clear days before the intended date of surrender enclosing https://hcservices.ecourts.gov.in/hcservices/
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 (CO) /True Copy/ Sub Assistant Registrar (CS-II) To
1. The II Additional Sessions (PCR) Judge, Tirunelveli,
2. The Deputy Superintendent of Police, Tirunelveli Sub Division, Tirunelveli District.
3. The Inspector of Police, Manur Police Station, Tirunelveli District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 1 CC TO Mr.P.KRISHNASAMY, ADVOCATE IN SR No. 95470 KSA TE/SV/SAR-2 : 28/11/2018 : 2P/6C Crl.O.P.(MD).No. 20246 of 2018 13.11.2018 https://hcservices.ecourts.gov.in/hcservices/