Madras High CourtCRL OP(MD)/1197/2018disposed of

Mohan @ Mohanbabu 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.1197 of 2018 1.Mohan @ Mohanbabu 2.Chandran 3.Uthayakumar 4.Pavithran 5.Gowtham 6.Renuga ... Petitioners/Accused No.1,2,4-7 Vs.

1.The Deputy Superintendant of Police, Uthamapalayam Division, Theni District.

...1st respondent/ Investigating Officer 2.The Inspector of Police, Rayappanpatti Police Station, Theni District.

(Crime No.14 of 2018) ...2ndRespondent/Complainant 3.Kannan 4.Shanmugam 5.Tamil Selvan ... Respondents/Victims PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge (PCR Court), Theni District to accept the surrender of the petitioners in Crime No.14 of 2018 on the file of the respondent police and to consider their bail application on the same day.

For Petitioners : Mr.A.K.Manickam For Respondents : Mr.Prabu Ramachandran Government Advocate (crl. Side) for R.1and R.2

ORDER

This petition has been filed to direct the learned Principal District and Sessions Judge (PCR Court), Theni District to accept the surrender of the petitioners in Crime No.14 of 2018 on the file of the respondent police and to consider their bail application on the same day.

2.Heard, the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the State. 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 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 District and Sessions Judge (PCR Court), Theni District, is directed to consider the bail petition filed by the petitioners in connection with Crime No.14 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(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Principal District and Sessions Judge, (PCR Court), Theni District.

2.The Deputy Superintendant of Police, Uthamapalayam Division, Theni District.

3.The Inspector of Police, Rayappanpatti Police Station, Theni District.

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

+One cc to Mr.A.K.Manickam, Advocate, SR.No.44436 gsp RL/6C/2P/SV/MMS/SAR1/2/2/2018 CRL.OP.(MD) No.1197 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 25.01.2018