Madras High CourtCRL OP(MD)/1226/2018disposed of

Tamilselvan@ Muchamy v. The Assistant Commissioner

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.1226 of 2018 1.Tamilselvan @ Muchamy 2.Kandiga @ Paulraj

...Petitioners/Accused ranks not known

Vs.

1. The Assistant Commissioner of Police, Palakarai, Trichy City.

2. State, represented by, The Inspector of Police, Fort Police Station, Trichy City.

(Crime No.721 of 2017) ...1st&2nd Respondents/Complainants 3.Chandrasekar ... 3rd Respondents/De-facto Complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned I Additional District & Sessions Judge (PCR Court), Trichy to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.721 of 2017 dated 01.06.2017 on the file of the respondents police. For Petitioners : Mr.D.Rameshkumar For Respondents : Mr.Prabu Ramachandran Government Advocate (crl. Side) for R.1and R.2

ORDER

This petition has been filed to direct the learned I Additional District & Sessions Judge (PCR Court), Trichy to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.721 of 2017 dated 01.06.2017 on the file of the respondents police. 2.Heard, the learned counsel appearing for the petitioners 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 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 I Additional District & Sessions Judge (PCR Court), Trichy, is directed to consider the bail petition filed by the petitioners in connection with Crime No.721 of 2017, 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 I Additional District & Sessions Judge, (PCR Court), Trichy.

2. The Assistant Commissioner of Police, Palakarai, Trichy City.

3. The Inspector of Police, Fort Police Station, Trichy City.

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

+ 1 cc TO Mr.D.Rameshkumar , Advocate in SR No. 44321 gsp AE/SKN RSK/SAR2/02.02.2018/2P/6C CRL.OP.(MD) No.1226 of 2018 25.01.2018 https://hcservices.ecourts.gov.in/hcservices/