Madras High CourtCRL OP(MD)/1594/2018disposed of

Kumar, S/O.Kasimayan, v. The Deputy Superintendent Of

2018-02-02Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.1594 of 2018 1.Kumar 2.Palpandi ... Petitioner/Accused -Vs1. The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

2. The Inspector of Police, South Police Station, Rajapalayam Town, Virudhunagar District, (Crime No. 687 of 2017) : Respondents 1&2/Complainants 3.Rajalingam : 3rd Respondents/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge (PCR Court) at Srivilliputur, Virudhunagar District to consider the bail application of the petitioners in the event of their surrender on the very same date in connection with Crime No. 687 of 2017 on the file of the respondent Police. For Petitioner :

Mr.S. Sathiya Chidambaram For Respondent :

Mr.Prabu Ramachandran Nos. 1 and 2 Government Advocate(Crl.side)

O R D E R

This petition has been filed by the petitioner to direct the Principal District and Sessions Judge (PCR Court) at Srivilliputur, Virudhunagar District to consider the bail application of the petitioners in the event of their surrender, on the very same date in connection with Crime No. 687 of 2017, on the file of the 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 Principal District and Sessions Judge (PCR Court) at Srivilliputur, Virudhunagar District, is directed to consider the bail petition filed by the petitioners in connection with Crime No.687 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 (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge, (PCR Court), Virudhunagar at Srivilliputhur.

2. The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

3. The Inspector of Police, South Police Station, Rajapalayam Town, Virudhunagar District.

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

+ 1 CC TO Mr.S.SATHYA CHIDAMBARAM, ADVOCATE IN SR No. 46120 TRP TE/SV-MMS/SAR-1 : 08/02/2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD) No.1594 of 2018 02.02.2018