Madras High CourtCRL OP(MD)/2726/2018disposed of

Sumithalakshmi, v. The Asst.Commissioner Of

2018-02-23Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2726 of 2018 1.Sumithalakshmi 2.Balasundaram ... Petitioners/ A1 and A2 -Vs1. The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, Nakkirar Street, Anna Nagar, Madurai City, Madurai.

2. The Inspector of Police, E3 Anna Nagar Police Station, Madurai Town, Maduari.

... Respondents/ Complainant 3.K.K.Kathaan ... Respondents/ Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned III Additional District Court (PCR), Madurai to accept the surrender of the petitioners / Accused Nos.1 and 2 and consider the petitioners bail application and grant bail on the same date of surrender itself in Crime No.2042 of 2015, on the file of the respondent Police. For Petitioners : Mr.T.Lajapathiroy 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 III Additional District Court (PCR), Madurai, to accept the surrender of the petitioners in Crime No.2042 of 2015, on the file of the second respondent and to consider their bail application on the same day. 2.Heard Mr.T.Lajapathiroy, 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 https://hcservices.ecourts.gov.in/hcservices/

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 III Additional District Court (PCR), Madurai, is directed to consider the bail petition filed by the petitioners in connection with Crime No.2042 of 2015, 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 learned III Additional District Judge(PCR), Madurai.

2. The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, Nakkirar Street, Anna Nagar, Madurai City, Madurai.

3. The Inspector of Police, E3 Anna Nagar Police Station, Madurai Town, Maduari.

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

+1cc to Mr.T.Lajapathiroy, Advocate in SR. No.51196 ia MK/SKN RSK/SAR-3/08.03.2018/2P/6C CRL.O.P.(MD)No.2726 of 2018 23.02.2018 https://hcservices.ecourts.gov.in/hcservices/