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Madras High CourtCRL OP(MD)/17528/2017ordered

G. Manimegalai, v. The Deputy Superintendent Of

2017-12-28Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.12.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD) No.17528 of 2017 G.Manimegalai ... Petitioner -vs1.The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.

2.The Sub Inspector of Police, Sholavandan Police Station, Madurai District.

(Crime No.633/2017) 3.Pechiammal .. Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure to accept the surrender of the petitioner and direct the III Additional Sessions Judge (PCR Court), Madurai to consider the bail application of the petitioner pertained to the Crime No.633 of 2017 on the file of Sub Inspector of Police, Sholavandan Police Station on the same date of surrender. For Petitioner :

Mr.Muthu Ganesa Pandian For R1 & R2 :

Mr.K.Anbarasan Govt. Advocate (Crl.Side) For R3 :

Mr.R.Alagumani *****

O R D E R

The petitioner, who apprehends arrest for the offences punishable under Sections 294(b) and 506(i) IPC & Section 3(1)(r) (s) of SC & ST (Prevention of Atrocities) Act in Crime No.633 of 2017 on the file of the 2nd respondent police, has moved this petition seeking a direction to the III Additional Sessions Judge (PCR Court), Madurai to consider the bail application of the petitioner on the same day of her surrender.

2. Heard both sides and perused the records.

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 on earlier occasions 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 Special Judge concerned shall deal with the matter in accordance with law, after issuing notice to the victim/s under Section 15 (A) of the SC/ST Act.

4. With the above direction, this Criminal Original Petition is closed.

Sd/- Vacation Officer/ Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1.

The III Additional Sessions Judge (PCR Court), Madurai.

2.

The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.

3.

The Sub Inspector of Police, Sholavandan Police Station, Madurai District.

4.

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

+1CC to Mr.Muthu Ganesa Pandian, Advocate, SR.No. 95161 Crl.O.P.(MD)No.17528 of 2017 28.12.2017 ar AM/SV MMS /SAR 4/28.12.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/