Madras High CourtCRL OP(MD)/2357/2018disposed of

Lakshmi, W/O.Krishnan, v. The Deputy Superintendent Of

2018-02-16Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2357 of 2018 1.Lakshmi 2.Krishnan ... Petitioners/Accused Nos.1 & 4 -Vs1. The Deputy Superintendent of Police, Srivaikundum, Thoothukudi District.

2.State represented by, The Inspector of Police, Kurumbur Police Station, Thoothukudi District.

(Crime No.11 of 2018) ... Respondents /Complainants 3.Linga Sadachi ... Respondent/De-facto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, praying to direct the learned IIAdditional District & Sessions Judge,(PCR Court) Tirunelveli to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.11 of 2018 dated 18.01.2018, on the file of the respondent police. For Petitioners : Mr.S.Deenadhayalan 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 II- Additional District & Sessions Judge,(PCR Court) Tirunelveli to accept the surrender of the petitioners and to consider their bail application on the same day in connection with Crime No.11 of 2018, on the file of the second respondent police.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard, Mr.S.Deenadhayalan, the learned counsel appearing for

the petitioners and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the first and second respondents.

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 II- Additional District & Sessions Judge,(PCR Court) Tirunelveli, is directed to consider the bail petition filed by the petitioners in connection with Crime No.11 of 2018, on merits and in accordance with law, after issuing notice to the de-facto 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 II Additional District and sessions Judge, (PCR Court), Tirunelveli.

2. The Deputy Superintendent of Police, Srivaikundum, Thoothukudi District.

3. The Inspector of Police, Kurumbur Police Station, Thoothukudi District.

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

+ 1 cc TO Mr.s.Deenadhayalan , Advocate in SR No. 49302 das AE/SV MMS/SAR4/26.02.2018/2P/6C CRL.O.P.(MD)No.2357 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 16.02.2018