Madras High CourtCRL OP(MD)/1295/2018ordered

Manikandan v. The Deputy Superintendent Of

2018-01-29Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.1295 of 2018 1.Manikandan 2.Mathi 3.Kumaresan 4.Senthil 5.Vinoth 6.Samuraj 7.Dinesh 8.Thakshnamoorthy

...Petitioners/Accused No.1 to 8

Vs.

1.The State represented by, The Deputy Superintendant of Police, Vallam, Thanjavur District.

2.The Inspector of Police, Vallam Police Station, Thanjavur District.

(Crime No.18 of 2018) ...1st&2nd Respondents/Complainants 3.Asaithambi ... 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 and Sessions Judge (Protection of Civil Rights), Thanjavur to accept the surrender and to consider the bail application to be filed by the petitioner on the same day in Crime No. 18 of 2018 on the file of the second respondent police.

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

ORDER

This petition has been filed to direct the Learned I Additional District and Sessions Judge (Protection of Civil Rights), Thanjavur to accept the surrender and to consider the bail application to be filed by the petitioner on the same day in Crime No. 18 of 2018 on the file of the second respondent police.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard, the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the State.

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 and Sessions Judge (Protection of Civil Rights), Thanjavur, is directed to consider the bail petition filed by the petitioners in connection with Crime No.18 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(RTI) /True Copy/ Sub-Assistant Registrar To 1.I Additional District and Sessions Judge, (Protection of Civil Rights), Thanjavur.

2.The Deputy Superintendant of Police, Vallam, Thanjavur District.

3.The Inspector of Police, Vallam Police Station, Thanjavur District.

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

+One cc to Mr.T.A.Ebenezer, Advocate, SR.No.44832 cp RL/6C/2P/SV/MMS/SAR1/5/2/2018 CRL.OP.(MD) No.1295 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 29.01.2018