Madras High CourtCRL OP/30030/2018disposed of

K.C.Murugesan v. The State Rep By Its,

2018-12-20Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.30030 of 2018 1.K.C.Murugesan 2.P.Shanmugam 3.M.Parkash 4.S.Bhuvanesh 5.V.Arun 6.K.Suresh 7.S.Ramesh Kumar 8.S.Jeevaraj 9.C.Gokulraj 10.A.Nandakumar 11.M.Kavin 12.V.Manikandan ... Petitioners Vs.

The State rep. by Inspector of Police, All Women Police Station, Bhavani, Erode District.

(Crime No.11 of 2018) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions Judge, Erode/The Special Court, Erode District to consider the bail application of the petitioners herein on the very day of surrender pertaining to the Crime No.11 of 2018 on the file of the All Women Police Station, Bhavani, Erode District by appreciating the above stated facts and circumstances. For Petitioners : Mr.M.Guruprasad For Respondent : Mr.Mohamed Riyaz Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the Principal Sessions Judge, Erode/The Special Court, Erode District, to consider the bail application on the surrender of the petitioners in Crime No.11 of 2018, pending investigation on the file of the All Women Police Station, Bhavani, Erode District.

2.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 copy of this order and on such surrender, the Principal Sessions Judge, Erode/The Special Court, Erode District, 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.

3. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lpp/vsa To

1. The Inspector of Police, All Women Police Station, Bhavani, Erode District.

2. The Public Prosecutor, High Court, Madras.

3. The Principal Sessions Judge, Erode / The Special Court, Erode.

+1 cc to M/s.M.Guruprasad, Advocate, SR No.88841 Crl.O.P.No.30030 of 2018 nrl(co) ssm(28/12/18) https://hcservices.ecourts.gov.in/hcservices/