Madras High CourtCRL OP(MD)/1760/2018disposed of

Prakash v. The Deputy Superintendent

2018-02-06Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1760 of 2018 1.Prakash 2.Rajkumar 3.Kabil Kumar 4.Ayyappan ... Petitioners/Accused No.1,2,3 & 9 -Vs1.The State represented by The Deputy Superintendent of Police, Pudukkottai District.

2.The State represented by its The Inspector of Police, Manmelkudi Police Station, Aranthangi Taluk, Pudukkottai District.

(Crime No.9 of 2018) ... Respondents 1& 2 /Complainants 3.Rajasekar ...3 rd Respondent/Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned District and Sessions Judge (PCR), Pudukkottai to consider and dispose of the bail application of the petitioners in Crime No.9/2018 on the file of the respondent on the same day of their surrender. For Petitioners : Mr.K.Gokul For R-1 & R-2 : Mr.Prabu Ramachandran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioners to direct the learned District and Sessions Judge (PCR), Pudukkottai to consider and dispose of the bail application of the petitioners in Crime No.9/2018 on the file of the respondent on the same day of their surrender.

2.Heard Mr.K.Gokul, the learned counsel appearing for the petitioners and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the first and second respondent. 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 District and Sessions Judge (PCR), Pudukkottai, is directed to consider the bail petition filed by the petitioners in connection with Crime No.9 of 2018, on merits and in accordance with law, after issuing notice to the defacto complainant under Section 15 (A) of the SC/ST Act. 4.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The District and Sessions Judge (PCR), Pudukkottai.

2.The Deputy Superintendent of Police, Pudukkottai District.

3.The Inspector of Police, Manmelkudi Police Station, Aranthangi Taluk, Pudukkottai District.

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

+1CC to Mr.K.Gokul, Advocate, SR.No. 46438 CRL.O.P.(MD)No.1760 of 2018 06.02.2018 sss AM/SV MMS/SAR 3/07.02.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/