Madras High CourtCRL OP(MD)/1173/2018disposed of

Vadivel v. The Deputy Superintendent

2018-01-25Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.1173 of 2018 Vadivel ... Petitioner/Sole Accused Vs.

1. The Deputy Superintendant of Police, Keeranur, Pudukkottai District.

2. The Inspector of Police, Keeranur Police Station, Pudukkottai District.

(Crime No.12 of 2018) ...1st&2ndRespondents/Complainants 3.Balamurugan ... 3rd Respondent/ De-facto Complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Principal District Judge (Special PCR Court ), Pudukkottai District to consider petitioner's bail application filed by him on the same day of surrender in Crime No.12 of 2018, on the file of the respondent police.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.Prabu Ramachandran Government Advocate (crl. Side) for R.1and R.2

ORDER

This petition has been filed by the petitioner to direct the learned Principal District Judge (Special PCR Court ), Pudukkottai District to consider petitioner's bail application filed by him on the same day of surrender in Crime No.12 of 2018, on the file of the 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 Principal District Judge (Special PCR Court ), Pudukkottai District, is directed to consider the bail petition filed by the petitioner in connection with Crime No.12 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 Principal District Judge (Special PCR Court ), Pudukkottai District.

2. The Deputy Superintendant of Police, Keeranur, Pudukkottai District.

3. The Inspector of Police, Keeranur Police Station, Pudukkottai District.

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

+ 1 cc TO Mr.P.Ganapathi Subramanian , Advocate in SR No. 44314 gsp AE/SV MMS/SAR1/02.02.2018/2P/6C CRL.OP.(MD) No.1173 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 25.01.2018