Madras High CourtCRL OP/22496/2018disposed of

Muthu @ Muthukumar(M/21) v. The State Rep

2018-09-19Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2018

CORAM:

The Hon'ble Mr.Justice P.RAJAMANICKAM CRL.O.P.No.22496 of 2018

1. Muthu @ Muthu Kumar

2. Ramesh @ Ramesh Kumar

3. Satheesh @ Satheesh Kumar

4. Ajeeth @ Ajeeth Kumar .. Petitioners Vs.

State rep by its Inspector of Police, Kolathur Police Station, Salem District.

(Crime No.198 of 2018) .. Respondent PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. seeking for a direction to the learned Principal District and Sessions Judge, Salem cum Special Judge under SC and ST (P.A) Act, Salem to consider the bail application of the petitioners on their surrender in connection with the case in Crime No.198 of 2018 pending on the file of the Inspector of Police, Kolathur Police Station, Salem District. For Petitioners:Mr.M.Senthil Kumar for Mr.P.Alexander For Respondent : Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, praying to direct the learned Principal District Judge, Salem cum Special Judge, Salem, to consider the bail application on the same day in the event of their surrender in connection with Crime No.198 of 2018 on the file of the respondent police.

2.Heard both sides.

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 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 https://hcservices.ecourts.gov.in/hcservices/

learned Principal District Judge, Salem cum Special Judge, Salem is directed to consider the bail petition filed by the petitioners in connection with Crime No.198 of 2018, on merits and in accordance with law, after issuing notice to the defacto complainant/victim under Section 15(A) of the SC/ST Act.

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

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar vv/vsn To

1. Inspector of Police, Kolathur Police Station, Salem District.

2. The Public Prosecutor, High Court of Madras, Chennai.

+ 1 cc to Mr. P. Alexander, Advocate Sr.64926 CRL.O.P.No.22496 of 2018 (CS-VIII) EU(20/09/2018) https://hcservices.ecourts.gov.in/hcservices/