Madras High CourtCRL OP(MD)/2484/2018disposed of

Nagaraj 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.2484 of 2018 Nagaraj ... Petitioner/Accused No.1 -Vs1. The Deputy Superintendent of Police, Periyakulam Division, Theni District.

2. The Inspector of Police, Jayamangalam Police Station, Theni District.

(Crime No.29 of 2018) ... Respondents/Complainants 3.Raja ... Respondent/De-facto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, praying to direct the learned Principal District and Sessions Judge (PCR Court), Theni to accept the surrender of the petitioner in Crime No.29 of 2018 on the file of the second respondent police and to consider the bail application on the same day.

For Petitioner : Mr.A.K.Manickam 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 petitioner to direct the learned Principal District and Sessions Judge (PCR Court), Theni, to accept the surrender of the petitioner and to consider their bail application on the same day in connection with Crime No.29 of 2018, on the file of the second respondent police.

2.Heard, Mr.A.K.Manickam, the learned counsel appearing for the petitioner and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the first and second respondents. 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 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 District and Sessions Judge (PCR Court), Theni, is directed to consider the bail petition filed by the petitioner in connection with Crime No.29 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 (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge (PCR Court), Theni.

2. The Deputy Superintendent of Police, Periyakulam Division, Theni District.

3. The Inspector of Police, Jayamangalam Police Station, Theni District.

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

+ 1 CC TO Mr.A.K.MANICKAM, ADVOCATE IN SR No. 49076 DAS TE/SKN-RSK/SAR-4 : 05/03/2018 : 2P/6C CRL.O.P.(MD)No.2484 of 2018 16.02.2018 https://hcservices.ecourts.gov.in/hcservices/