Kathiresan v. The Deputy Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2183 of 2018 1.Kathiresan 2.Siranjeevi @ Karuppaiah ... Petitioners -Vs1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ponnamaravathi, Pudukottai District.

2. The Sub-Inspector of Police, Thirumayam Police Station, Thirumayam, Pudukottai District.

(Crime No.13/18) 3.Sekar ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge Cum PCR Court, Pudukottai to consider the bail application of the petitioners in Crime No.13 of 2018, on the same date of surrender and dispose the same on its merits in accordance with law.

For Petitioners : Mr.S.Karthick Subramanian 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 Principal District and Sessions Judge-Cum-PCR Court, Pudukottai, to consider the bail application of the petitioners in Crime No.13 of 2018, on the same date of surrender and dispose the same on its merits in accordance with law.

2.Heard Mr.S.Karthick Subramanian, 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 Principal District and Sessions Judge-Cum-PCR Court, Pudukottai, is directed to consider the bail petition filed by the petitioners in connection with Crime No.13 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(AS) /True copy/ Sub Assistant Registrar To

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ponnamaravathi, Pudukottai District.

2. The Sub-Inspector of Police, Thirumayam Police Station, Thirumayam, Pudukottai District.

+1cc to Mr.S.Karthick Subramanian, Advocate, in SR No.48903 CRL.O.P.(MD)No.2183 of 2018 15.02.2018 ia MKV-SV-MMS-SAR 3/16.2.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/