Madras High CourtCRL OP(MD)/3219/2018disposed of

Suseendran, v. The Deputy Superintendent Of

2018-03-02Honourable Mr Justice P. Rajamanickam3 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.3219 of 2018 1.Suseendran 2.Palanisamy 3.Ganesan 4.Ganesan 5.Kumaresan 6.Sundar Raj @ Kanda Raj 7.Natarajan 8.Sathish 9.Loganathan @ Logu 10.Palanivel 11.Chitambaram 12.Neelamegam 13.Muthukalai @ Muthusamy 14.Thangamani ... Petitioners / Accused Nos.1 to 14 -Vs1.The Deputy Superintendent of police, Keeranur, Pudukottai, Pudukottai District.

2.The Inspector of Police, Annavasal Police Station, Pudukkottai District.

(Crime No.29 of 2018) ... Respondents/Complainants 3.Manikandan 4.Pandiselvam 5.Karuppiah 6.Santhosh 7.Balmurugan 8.Kannan 9.Subramanian

...Respondents 3 to 9/ Defactor Complainant

PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, praying to direct the Learned Principal District Sessions Judge cum PCR Court, Pudukkottai to accept the surrender of the petitioners and consider the bail application on the same day in connection with Crime No.29 of 2018 on the file of the respondent police.

For Petitioners : Mr.G.Mathavan 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 Learned Principal District Sessions Judge cum PCR Court, Pudukkottai to accept the surrender of the petitioners and consider this bail application on the same day in connection with Crime No.29 of 2018, on the file of the second respondent police.

2.Heard Mr.G.Mathavan, the learned counsel appearing for the petitioners 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 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, Learned Principal District Sessions Judge cum PCR Court, Pudukkottai, is directed to consider the bail petition filed by the petitioners in connection with Crime No.29 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.Principal District Sessions Judge cum PCR Court, 2.The Deputy Superintendent of police, Keeranur, Pudukottai, Pudukottai District.

3.The Sub-Inspector of Police, Annavasal Police Station, Pudukkottai District.

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

+1CC TO M/S.G.MATHAVAN, ADVOCATE, SR NO.52557 CRL.O.P.(MD)No.3219 of 2018 02.03.2018 pnn MS/PM-PN/SAR.4/05.03.2018/3P.6C