Madras High CourtCRL OP/8232/2019dismissed

P.Thandavarayan v. The State Rep By

2019-03-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:27.03.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.8232 of 2019 1.P.Thandavarayan 2.Dinakaran 3.Perumal 4.Krishnamurthy 5.Duraimurugan ... Petitioners/Accused Vs State represented by Inspector of Police, Chengam Police Station, Tiruvannamalai District.

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District Sessions Court, Thiruvannamalai to accept the surrender of the petitioners and consider the bail application and to pass orders on the same day in Cr.No.1192 of 2017 on the file of the respondent police.

For Petitioner : Mr.M.Muthusamy For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the learned Principal District Sessions Court, Thiruvannamalai, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.1192 of 2017 on the file of the respondent police.

2.In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, it is seen that the offence committed by the petitioners' were under Section 302 IPC and under Section 3(2)(va) of SC/ST (Prevention of Atrocities Amendment Act). Therefore, this Court is not inclined to entertain these petitioners, Accordingly, this Criminal Original Petition is dismissed. https://hcservices.ecourts.gov.in/hcservices/

3.However, 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 Principal District Sessions Court, Thiruvannamalai, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15 (A) of the SC/ST Act.

4. In the result, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rri To 1.The Inspector of Police, Chengam Police Station, Tiruvannamalai District.

2.The learned Principal District Sessions Court, Thiruvannamalai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Muthusamy, Advocate Sr.30619 CRL.O.P.No. 8232 of 2019 pms[co] srg 10/05/2019 https://hcservices.ecourts.gov.in/hcservices/