Madras High CourtCRL OP/13632/2018disposed of

Sivakumar, 32/A-1, v. The State 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.13632 of 2018 1.Sivakumar 2.Karthik 3.Gunasekaran .. Petitioners Vs.

The state rep. by Inspector of Police Erode Taluk Police Station Erode District .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking for a direction to the learned Principal Sessions Judge, Erode to consider the bail application of the petitioners on the same day itself of their surrender before the Hon'ble Principal Sessions Judge, Erode in respect of the case in crime No.244/2018 to the file of the respondent. For Petitioners :

Mr.I.C.Vasudevan 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 Sessions Judge, Erode to consider the bail application of the petitioners and to release them on the very same day of their surrender in connection with Crime No.244 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 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 Sessions Judge, Erode, is directed to consider the bail petition filed by the petitioners in connection with Crime No.244 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// To 1.The Principal Sessions Judge, Erode.

2.Inspector of Police, Erode Taluk Police Station, Erode District.

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

+1cc to Mr.I.C.Vasudevan, Advocate Sr.No.33753 KK(CO) sm:18.5.2018 CRL.O.P.No.13632 of 2018 https://hcservices.ecourts.gov.in/hcservices/