Madras High CourtCRL OP(MD)/1070/2018disposed of

Veliappa Raja v. The Deputy Superintendent

2018-01-24Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.1070 of 2018 Veliappa Raja ... Petitioner/Accused No.2 -Vs1.The Deputy Superintendent of Police, Tenkasi, Thirunelveli District.

2.State rep. through The Inspector of Police, Achanpudur Police Station, Thirunelveli District.

Cr.No.17/2018 ... Respondent 1 & 2/Complainant 3.Selvakumar ...3rd Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the II Additional District & Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.17 of 2018 on the file of the second respondent Police.

For Petitioner :

Mr.K.P. Narayanakumar For R1 & R2 :

Mr.Prabu Ramachandran Government Advocate(Crl.side)

O R D E R

This petition has been filed by the petitioner to direct II Additional District & Sessions Judge (PCR Court), Tirunelveli to dispose of the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned Court, pending investigation of Crime No.17 of 2018 on the file of the second respondent Police.

2.Heard, the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the State.

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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 II Additional District & Sessions Judge (PCR Court), Tirunelveli, is directed to consider the bail petition filed by the petitioner in connection with Crime No.17 of 2018, on merits and in accordance with law, after issuing notice to the victims under Section 15 (A) of the SC/ST Act.

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

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The II Additional District & Sessions Judge (PCR Court), Tirunelveli.

2. The Deputy Superintendent of Police, Tenkasi, Thirunelveli District.

3. The Inspector of Police, Achanpudur Police Station, Thirunelveli District.

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

+1cc to Mr.K.P. Narayanakumar, Advocate Sr.No.44064 TRP VB/MR/SAR3/31.01.2018/2P/6C Crl.O.P.(MD) No.1070 of 2018 24.01.2018 https://hcservices.ecourts.gov.in/hcservices/