Madras High CourtCRL OP(MD)/1301/2018ordered

Muthu Ganesa Raja v. The Inspector Of Police

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.1301 of 2018 Muthu Ganesa Raja ... Petitioner/Sole Accused Vs.

1.State represented by, The Inspector of Police, Thirukurungudi Police Station, Tirunelveli District.

(Crime No.9 of 2018) ...1stRespondent/Complainant 2.Muthuraja ... 2nd Respondent/ De-facto Complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the II Additional District & Sessions Judge,(Protection of Civil Rights), Tirunelveli to accept the surrender of the petitioner and consider the bail application to be filed by the petitioner on the same day on merits in Crime No.9 of 2018 on the file of the respondent police. For Petitioner : Mr.V.Sasikumar For Respondents : Mr.Prabu Ramachandran Government Advocate (crl. Side) for R.1

ORDER

This petition has been filed by the petitioner to direct the II Additional District & Sessions Judge,(Protection of Civil Rights), Tirunelveli to accept the surrender of the petitioner and consider the bail application to be filed by the petitioner on the same day on merits in Crime No.9 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. 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 https://hcservices.ecourts.gov.in/hcservices/

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,(Protection of Civil Rights), Tirunelveli is directed to consider the bail petition filed by the petitioner in connection with Crime No.9 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. II Additional District & Sessions Judge, (Protection of Civil Rights), Tirunelveli.

2.The Inspector of Police, Thirukurungudi Police Station, Tirunelveli District.

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

+One cc to Mr.V.Sasikumar, Advocate, SR.No.44680 cp RL/5C/2P/KK/SAR3/31/1/2018 CRL.OP.(MD) No.1301 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 29.01.2018