Madras High CourtCRL OP(MD)/2189/2018ordered

Tamilarasan @ Chinnavandu v. The Deputy Superintendent Of

2018-02-15Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2189 of 2018 1.Tamilarasan @ Chinnavandu 2.Raju (Kundu) @ Govindan ... Petitioners/Accused 1&5 -Vs1. The Deputy Superintendent of Police, Thiruthuraipoondi Police Station Range, Thiruvarur.

2. The State rep by The Inspector of Police, Thiruthuraipoondi Police Station, Thiruthuraipoondi, Thiruvarur. ... Respondents/Complainants

3. Anbalagan ... Respondent/Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned I Additional District and Sessions Judge (P.C.R. Court), Thanjavur, to consider the bail application on the same date on their surrender in connection with Crime No.25 of 2018, on the file of the respondent Police. For Petitioners : Mr.Arun Prasad 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 I Additional District and Sessions Judge (P.C.R. Court), Thanjavur, to consider the bail application on the same date on their surrender in connection with Crime No.25 of 2018, on the file of the respondent Police. 2.Heard Mr.Arun Prasad, 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 I Additional District and Sessions Judge (P.C.R. Court), Thanjavur, is directed to consider the bail petition filed by the petitioners in connection with Crime No.25 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 (CO) /True Copy/ Sub Assistant Registrar To

1. The I Additional District and Sessions Judge (P.C.R. Court), Thanjavur

2. The Deputy Superintendent of Police, Thiruthuraipoondi Police Station Range, Thiruvarur.

3. The Inspector of Police, Thiruthuraipoondi Police Station, Thiruthuraipoondi, Thiruvarur.

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

+ 1 CC TO Mr.A.ARUN PRASAD, ADVOCATE IN SR No. 48876 IA TE/SV-MMS/SAR-2 : 28/02/2018 : 2P/6C CRL.O.P.(MD)No.2189 of 2018 15.02.2018 https://hcservices.ecourts.gov.in/hcservices/