Madras High CourtCRL OP(MD)/206/2018ordered

P.Poomani v. The Inspector Of Police

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.206 of 2018 1.P.Poomani 2.M.Sakthimurugan 3.K.Sakthimurugan ... Petitioners/ Accused No.1 to 3 -Vs1.The State represented by, The Inspector of Police, Peraiyur Police Station, Kamuthi Taluk, Ramnad District.

(Crime No.125 of 2017) ... 1st Respondent / Complainant 2.The Deputy Superintendent of Police, Mudukulathur Sub Division, Ramnad District.

...2nd Respondent / Investigating Officer 3.Jeyaraj ...3rd Respondent / De-facto complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Principal Sessions Judge cum PCR Court, Ramanathapuram to dispose of the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned Court pending investigation of Crime No.125 of 2017 on the file of Respondent Police.

For Petitioners :

Mr.S.Bharathi For R1 & R2 :

Mr.Prabu Ramachandran Government Advocate(Crl.side) For R3 :

No appearance

O R D E R

This petition has been filed by the petitioner to direct the learned Principal Sessions Judge cum PCR Court, Ramanathapuram to dispose of the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned Court pending investigation of Crime No.125 of 2017 on the file of Respondent Police.

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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 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 Principal Sessions Judge cum PCR Court, Ramanathapuram, is directed to consider the bail petition filed by the petitioner in connection with Crime No.125 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 Sessions Judge cum PCR Court, Ramanathapuram 2.The Inspector of Police, Peraiyur Police Station, Kamuthi Taluk, Ramnad District.

3.The Deputy Superintendent of Police, Mudukulathur Sub Division, Ramnad District.

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

+1cc to M/S.S.Bharathi, Advocate SR.No. 40869 Crl.O.P.(MD) No.206 of 2018 08.01.2018 https://hcservices.ecourts.gov.in/hcservices/ gsp/cp JM/SKN RSK/SAR 2/11.01.2018/2P/5C