Madras High CourtCRL OP(MD)/2804/2018disposed of

Harikumar v. The Deputy Superintendent 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.2804 of 2018 Harikumar ... Petitioner -Vs1.The Deputy Superintendent of Police, Sivangangai, Sivangangai District.

2.The Inspector of Police, Velayuthapuram Police Station, Sivangangai District.

3.Manikandan 4.Ajay ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Special Court for (PCR Act Cases), Sivangangai to consider the bail application of the petitioner on the same day, if any petition filed by the petitioner in Crime No.24 of 2016, on the file of the 2nd respondent.

For Petitioner : Mr.S.M.Sanjay 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 Special Court for (PCR Act Cases), Sivangangai, to accept the surrender of the petitioner in Crime No.24 of 2016, on the file of the second respondent and to consider their bail application on the same day. 2.Heard Mr.S.M.Sanjay, the learned counsel appearing for the petitioner 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. Since, the petitioner was absconding, charge sheet has been filed and the same was taken on file in P.R.C.No.20 of 2016, on the file of the learned Judicial Magistrate, Devakottai, 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 Special Judge for (PCR Act Cases), Sivangangai, is directed to consider the bail petition filed by the petitioner in connection with Crime No.24 of 2016, on merits and in accordance with law, after issuing notice to the victim under Section 15 of Criminal Procedure Code, the trial Court has to pass orders in accordance with law.

4.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To 1.The Special Court (PCR Act Cases), Sivangangai.

2.The Deputy Superintendent of Police, Sivangangai, Sivangangai District.

3.The Inspector of Police, Velayuthapuram Police Station, Sivangangai District.

+1. C.C. to M/S.S.M.SANJAY, Advocate, SR.No.50699. CRL.O.P.(MD)No.2804 of 2018 23.02.2018 ia SDS/MM:PN/SAR.1/28.03.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/