Madras High CourtCRL OP(MD)/3319/2018disposed of

Gurusamy v. The Assistant Commissioner 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.3319 of 2018 1.Gurusamy 2.Pandi @ Marimuthupandi ... Petitioners/Accused No.1 and 3 -Vs1. The Assistant Commissioner of Police, (PCR Wing) Tirunelveli Town, Tirunelveli District.

2. The Inspector of Police, Tirunelveli Junction police station, Tirunelveli District.

3.Elango

...Respondents

PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, praying to direct the II-Additional District and Sessions Judge, PCR Act Cases, Tirunelveli to consider the bail petition to be filed before the Court on merits, on the same day in connection with Crime No.763/2017 on the file of the respondent police.

For Petitioners : Mr.M.Karthikeyavenkitachalapathy 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 II-Additional District and Sessions Judge, PCR Act Cases, Tirunelveli to consider the bail petition to be filed before the Court on merits, on the same day in connection with Crime No.763/2017 on the file of the second respondent police.

2.Heard Mr.M.Karthikeyavenkitachalapathy, 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 https://hcservices.ecourts.gov.in/hcservices/

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, II-Additional District and Sessions Judge, PCR Act Cases, Tirunelveli is directed to consider the bail petition filed by the petitioners in connection with Crime No.763 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(CO) /True Copy/ Sub Assistant Registrar To

1. The II-Additional District and Sessions Judge, PCR Act Cases, Tirunelveli.

2. The Assistant Commissioner of Police, (PCR Wing) Tirunelveli Town, Tirunelveli District.

3. The Inspector of Police, Tirunelveli Junction police station, Tirunelveli District.

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

+1cc to Mr.M.Karthikeyavenkitachalapathy, Advocate Sr.No.52485 PNN VB/CVC/SAR4/15/03/2018/2P/6C CRL.O.P.(MD)No.3319 of 2018 02.03.2018 https://hcservices.ecourts.gov.in/hcservices/