Madras High CourtCRL OP(MD)/1033/2018ordered

Kumar @ Rajeswaran, v. The Deputy Superintendent Of

2018-01-23Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1033 of 2018 Kumar @ Rajeswaran ... Petitioner/Accused No.2 -Vs1. The Deputy Superintendant of Police, Thalaiyuthu, Tirunelveli District.

2. The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

(Crime No.325 of 2017) ... Respondents 1&2/Complainants 3.Muthuraman ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Additional Sessions Judge, (PCR), Tirunelveli to consider the bail application of the petitioner on the same day of his surrender in Crime No.352 of 2017 on the file of the respondent police.

For Petitioner : Mr.V.Maharajan For R-1 & R-2 : Mr.Prabu Ramachandran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner to direct the Additional Sessions Judge, (PCR), Tirunelveli to consider the bail application of the petitioner on the same day of his surrender in Crime No.352 of 2017 on the file of the respondent police.

2.Heard Mr.V.Maharajan, the learned counsel appearing for the petitioner and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the first and second respondent. https://hcservices.ecourts.gov.in/hcservices/ 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 Additional Sessions Judge, (PCR), Tirunelveli, is directed to consider the bail petition filed by the petitioner in connection with Crime No.352 of 2017, on merits and in accordance with law, after issuing notice to the defacto complainant 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-I) /True Copy/ Sub Assistant Registrar To

1. The Additional Sessions Judge, (PCR), Tirunelveli.

2. The Deputy Superintendant of Police, Thalaiyuthu, Tirunelveli District.

3. The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.V.MAHARAJAN, ADVOCATE IN SR No. 43917 SSS TE/JC/SAR-3 : 06/02/2018 : 2P/6C CRL.O.P.(MD)No.1033 of 2018 23.01.2018 https://hcservices.ecourts.gov.in/hcservices/