Madras High CourtCRL OP(MD)/177/2018ordered

Arumugam v. The Deputy Superintendent Of

2018-01-08Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.177 of 2018 Arumugam ... Petitioner/ Accused No.4 -VsThe State Rep. by 1.The Deputy Superintendent of Police, Tirunelveli, Tirunelveli District.

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

(Cr.No.390 of 2017) ... Respondents / Complainants 3.Thangam ...3rd Rrespondent / Defacto complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the District and Sessions Judge (PCR) Court, Tirunelveli to accept the surrender of the petitioner and consider the bail application on his surrender in Cr.No.390 of 2017 on the file of the respondent police.

For Petitioner :

Mr.A.Anandaraj For R1 & R2 :

Mr.Prabu Ramachandran Government Advocate(Crl.side)

O R D E R

This petition has been filed by the petitioner to direct the District and Sessions Judge (PCR) Court, Tirunelveli to accept the surrender of the petitioner and consider the bail application on his surrender in Cr.No.390 of 2017 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 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 https://hcservices.ecourts.gov.in/hcservices/

order and on such surrender, the learned District and Sessions Judge (PCR) Court, Tirunelveli, is directed to consider the bail petition filed by the petitioner in connection with Crime No.390 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 Principal District and Sessions Judge (PCR) Court, Tirunelveli 2.The Deputy Superintendent of Police, Tirunelveli, Tirunelveli District.

3.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

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

+1cc to M/S.A.Anandaraj, Advocate SR.No. 40727 Crl.O.P.(MD) No.177 of 2018 08.01.2018 cp/gsp JM/SKN RSK/SAR 2/11.01.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/