Madras High CourtCRL OP(MD)/3064/2018disposed of

Karthick 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.3064 of 2018 Karthick ... Petitioner/2nd Accused -Vs1. The Deputy Superintendent of Police, Aranthangi, Pudukottai District.

2. The Inspector of Police, Nagudi Police Station, Pudukottai District.

(Crime No.77 of 2017) ... Respondents 1& 2 /Complainants 3.Sahadevan ...3rd Respondent/De-facto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Principal District and Sessions Court (PCR), Pudukottai to consider the petitioner's bail application on the same day of his surrender in Crime No.77 of 2017 on the file of the Inspector of Police, Nagudi Police Station, Pudukottai District.

For Petitioners : Mr.T.Lenin Kumar 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 Court (PCR), Pudukottai to consider the petitioner's bail application on the same day of his surrender in Crime No.77 of 2017 on the file of the Inspector of Police, Nagudi Police Station, Pudukottai District.

2.Heard Mr.T.Lenin Kumar, the learned counsel appearing for the petitioner and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the first and second respondents.

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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), Pudukottai, is directed to consider the bail petition filed by the petitioner in connection with Crime No.77 of 2017, 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(RTI) /True Copy/ Sub Assistant Registrar To

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

2. The Deputy Superintendent of Police, Aranthangi, Pudukottai District.

3. The Inspector of Police, Nagudi Police Station, Pudukottai District.

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

+ 1 cc TO Mr.T.Lenin Kumar , Advocate in SR No. 52209 das AE/SKN RSK/SAR4/05.03.2018/2P/6C CRL.O.P.(MD)No.3064 of 2018 01.03.2018 https://hcservices.ecourts.gov.in/hcservices/