Madras High CourtCRL OP/13521/2018disposed of

Uvaraj, M/30 Years, v. State Rep. By

2018-05-17Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.05.2018

CORAM:

The Hon'ble Mr.Justice P.Rajamanickam CRL.O.P.No.13521 of 2018 Uvaraj .. Petitioner/Accused No.2 Vs.

State Rep. By Inspector of Police Manalmedu Police Station Manalmedu Nagapattinam District .. Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. seeking for a direction to the learned Principal District and Sessions Judge (PCR) at Nagapattinam to consider the bail application on the same day on their surrender and file a bail application in Crime No.122 of 2018 on the file of Inspector of Police, Manelmedu Police Station, Manelmedu, Nagapattinam District.

For Petitioner :

Mr.G.Vinoth Kumar For Respondent :

Ms.P.Kritika Kamal Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code to direct the learned Principal District and Sessions Judge (PCR) at Nagapattinam to consider the bail application of the petitioner and to release him on the very same day of his surrender in connection with Crime No.122 of 2018 pending 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 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 Principal District and Sessions Judge (PCR) at Nagapattinam, is directed to consider the bail petition filed by the petitioner in connection with Crime No.122 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.

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

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

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

1. The Principal District and Sessions Judge (PCR) Nagapattinam

2. The Inspector of Police Manalmedu Police Station Manalmedu Nagapattinam District

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

+1cc to Mr.G.Vinodkumar, Advocate Sr.no.33747 NRI(CO) sm:18.5.2018 CRL.O.P.No.13521 of 2018 https://hcservices.ecourts.gov.in/hcservices/