Madras High CourtCRL OP(MD)/312/2018ordered

Chandrasekaran @Chandreswaran v. The Deputy Superintendent

2018-01-09Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.312 of 2018 1.Chandrasekaran 2.Thangapandi 3.Siva @ Sivasakthi 4.Natarajan 5.Irulappan 6.Muneeshwaran @ Aandi Muneeshwaran 7.Sankar ... Petitioners/ Accused No.1 to 6 & 8 -Vs1. The State represented by, The Deputy Superintendent of Police, Samayanallur, Madurai District.

2. The State represented by, The Inspector of Police, Samayanallur Police Station, Madurai District.

(In Crime No.592 of 2017) ... 1st & 2nd respondents/Complainants 3.Azhaguraja ...3rd Respondent / De-facto complainant 4.Sundar ...4th Respondent/Victim Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned III Additional District and Sessions Court cum PCR Court, Madurai to consider the bail application on surrender of the petitioners in connection with case in Crime No.592 of 2017, pending investigation on the file of the second Respondent Police on merits on the same day. For Petitioners :

Mr.R.Srinivasan For Respondents :

Mr.Prabu Ramachandran Government Advocate(Crl.side) for R1 and R2 :

No appearance for R3 and R4

O R D E R

This petition has been filed by the petitioners to direct the learned III Additional and Sessions Court cum PCR Court, Madurai to dispose of the bail application filed by the petitioners on merits https://hcservices.ecourts.gov.in/hcservices/

on the same day on their surrender before the above mentioned Court pending investigation in Crime No.592 of 2017 on the file of second Respondent Police.

2.Heard, the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the State. 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 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 and Sessions Court cum PCR Court, Madurai, is directed to consider the bail petition filed by the petitioner in connection with Crime No.592 of 2017 , on merits and in accordance with law, after issuing notice to the victims 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 III Additional and Sessions Judge cum PCR Court, Madurai.

2. The Deputy Superintendent of Police, Samayanallur, Madurai District.

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

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

+ 1 CC TO Mr.R.SRINIVASAN, ADVOCATE IN SR No. 41915 GSP/PNN TE/SV-MMS/SAR-1 : 18/01/2018 : 2P/6C Crl.O.P.(MD) No.312 of 2018 09.01.2018 https://hcservices.ecourts.gov.in/hcservices/