Madras High CourtCRL OP(MD)/2868/2018disposed of

Yasar @ Yasar Arabath v. The Deputy Superintendent Of

2018-03-01Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2868 of 2018 Yasar @ Yasar Arabath ... Petitioner/3rd Accused -Vs- State represented through the

1. The Deputy Superintendent of Police, Omachikulam, D.S.P.Office, Omachikulam, Madurai District.

2. The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.90 of 2018) ...Respondents 1&2 /Complainants 3.Jeyaprakash

...Respondent No.3/De-facto

Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned III-Additional District and Sessions Special Court (PCR), Madurai, to consider the bail application of the petitioners on the same day in Crime No.90 of 2018 on the file of the second respondent police. For Petitioners : Mr.R.Karunanidhi 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 III-Additional District and Sessions Special Court (PCR), Madurai, to consider the bail application of the petitioners on the same day in Crime No.90 of 2018 on the file of the second respondent police. 2.Heard Mr.R.Karunanidhi, the learned counsel appearing for the petitioner 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 petitioner is directed to surrender before the trial Court within https://hcservices.ecourts.gov.in/hcservices/

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 and Sessions Special Court (PCR), Madurai, is directed to consider the bail petition filed by the petitioner in connection with Crime No.90 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(crl side) /True Copy/ Sub Assistant Registrar To

1. The III-Additional District and Sessions Special Court (PCR), Madurai.

2. The Deputy Superintendent of Police, Omachikulam, D.S.P.Office, Omachikulam, Madurai District.

3. The Inspector of Police, Othakadai Police Station, Madurai District.

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

+1cc to Mr.R.Karunanidhi, Advocate SR.No.52215 DAS VB/SV/MMS/SAR4/20.03.2018/2P/6C CRL.O.P.(MD)No.2868 of 2018 01.03.2018 https://hcservices.ecourts.gov.in/hcservices/