Madras High CourtCRL OP/12807/2018ordered

Nelakandan, Aged About 25 v. State Rep. By

2018-05-25Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.05.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.12807 of 2018

1. Nelakandan

2. Ponnurangan

3. Sathishkumar

4. Siva

5. Purushothaman

6. Baskaran

7. Elumalai

8. Ravi ... Petitioners Vs.

State, rep. by The Inspector of Police, Moranam Police Station, Thiruvannamalai District.

...Respondent

(Crime No.261/2018) PRAYER: The Criminal Original Petition has been filed under Section 482 of Cr.P.C, to direct the District & Sessions Court, Thiruvannamalai (Special Judge for S.C. & S.T. Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.261 of 2018 on the file of respondent Police.

For Petitioners : Mr.V.R.Appaswamee For Respondent : Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the District & Sessions Court, Thiruvannamalai (Special Judge for S.C. & S.T. Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.261 of 2018 on the file of respondent Police.

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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 learned District & Sessions Court, Thiruvannamalai (Special Judge for S.C. & S.T. Act) is directed to consider the bail application filed by the petitioners in connection with Crime No.261 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/Vacation Officer //True Copy// Sub Assistant Registrar To

1. The District & Sessions Court, Thiruvannamalai. (Special Judge for S.C. & S.T. Act)

2. The Inspector of Police, Moranam Police Station, Thiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.R.Appaswamee, Advocate sr.no.34180 Crl.O.P.No.12807 of 2018 nr 28/05/2018 https://hcservices.ecourts.gov.in/hcservices/