Madras High CourtCRL OP(MD)/2206/2018ordered

Sivakumar 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.2206 of 2018 1.Sivakumar 2.M.Manikandan ... Petitioners -Vs1.The Deputy Superintendent of Police, Thiruchuzhi,Virudhunagar District.

2.The State rep by The Inspector of Police, Kattanoor Police Station, Virudhunagar District.

3.Sathish Kumar ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal and District Sessions Judge (P.C.R. Court), Srivilliputhur, Virudhunagar District, to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connection with Crime No.2 of 2018, on the file of the respondent. For Petitioners : Ms.A.S.Rajeswari 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 and District Sessions Judge (P.C.R. Court), Srivilliputhur, Virudhunagar District, to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connection with Crime No.2 of 2018, on the file of the respondents.

2.Heard Ms.A.S.Rajeswari, the learned counsel appearing for the petitioners and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the first and second respondent. 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 https://hcservices.ecourts.gov.in/hcservices/

order and on such surrender, the learned Principal and District Sessions Judge (P.C.R. Court), Srivilliputhur, Virudhunagar District, is directed to consider the bail petition filed by the petitioners in connection with Crime No.2 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(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Principal and District Sessions Judge (PCR Court), Srivilliputhur, Virudhunagar 2.The Deputy Superintendent of Police, Thiruchuzhi,Virudhunagar District.

3.The Inspector of Police, Kattanoor Police Station, Virudhunagar District.

+One cc to M/s.A.S.Rajeswari, Advocate, SR.No.48702 ia RL/5C/2P/SV/MMS/SAR4/23/2/2018 CRL.O.P.(MD)No.2206 of 2018 15.02.2018 https://hcservices.ecourts.gov.in/hcservices/