Madras High CourtCRL OP(MD)/3211/2018disposed of

Kathiresan v. The Deputy Superintendent Of

2018-03-02Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.3211 of 2018 1.Kathiresan 2.Sudalai Muthu ... Petitioners/Accused Nos.1 & 2 -Vs1. The State of Tamil Nadu represented by the Deputy Superintendent of Police, Kanyakumari Sub-Division, Kanyakumari District.

2. The Inspector of Police, Anjugramam Police Station, Kanyakumari District.

(Crime No.34/2018) ... Respondents/Complainants 3.Ramalingam ... 3rd respondent/Defacto complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, praying to direct the Hon'ble II Additional District and Sessions Court, (PCR) Court, Tirunelveli, to consider and dispose the petitioners' bail application in Crime No.34 of 2018 on the file of the respondent police, on the same day.

For Petitioners : Mr.K.Vamanan 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 Hon'ble II Additional District and Sessions Court, (PCR) Court, Tirunelveli, to consider and dispose the petitioners bail application in Crime No.34 of 2018, on the file of the second respondent police.

2.Heard Mr.K.Vamanan, the learned counsel appearing for the petitioners and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the first and second respondents.

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. 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, Hon'ble II Additional District and Sessions Court, (PCR) Court, Tirunelveli, is directed to consider the bail petition filed by the petitioners in connection with Crime No.34 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(CS-I) /True copy/ Sub Assistant Registrar To

1. The II Additional District and Sessions (PCR) Judge, Tirunelveli.

2. The Deputy Superintendent of Police, Kanyakumari Sub-Division, Kanyakumari District.

3. The Inspector of Police, Anjugramam Police Station, Kanyakumari District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1. CC to M/S.K.Vamanan, Advocate SR.No.52572 CRL.O.P.(MD)No.3211 of 2018 02.03.2018 pnn MKV-PM-PN-SAR 4/5.3.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/