Madras High CourtCRL OP(MD)/3331/2018disposed of

Chellappa 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.3331 of 2018 Chellappa ... Petitioner / Accused No.1 -Vs1. The Deputy Superintendent of police, Thiruvidaimaruthur, Thanjavur District.

2. State represented by Inspector of police, Pandanallur police station, Thanjavur District, (Crime No.180 of 2017) ... Respondents / Complainants 3.Murugan

...Respondent/ Defactor Complainant

PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, praying to direct the Learned IAdditional District and Sessions Judge (PCR Court),Thanjavur to accept the surrender of the petitioner and consider his bail application on the same day on merits in relation to Crime No.180 of 2017 dated 14.09.2017 on the file of the respondent police. For Petitioner : Mr.M.Karunanithi For R-1 & R-2 : Mr.Prabu Ramdachandran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner to direct the Learned I-Additional District and Sessions Judge (PCR Court),Thanjavur to accept the surrender of the petitioner and consider his bail application on the same day on merits in relation to Crime No.180 of 2017 dated 14.09.2017 on the file of the second respondent police.

2.Heard Mr.M.Karunanithi, the learned counsel appearing for the petitioner and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the first and second https://hcservices.ecourts.gov.in/hcservices/

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 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, learned I-Additional District and Sessions Judge (PCR Court), Thanjavur, is directed to consider the bail petition filed by the petitioner in connection with Crime No.180 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 I-Additional District and Sessions Judge (PCR Court), Thanjavur.

2. The Deputy Superintendent of police, Thiruvidaimaruthur, Thanjavur District.

2. The Inspector of police, Pandanallur police station, Thanjavur District.

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

+ 1 cc TO Mr.M.Karunanithi , Advocate in SR No. 52527 pnn AE/JC/SAR2/15.03.2018/2P/6C CRL.O.P.(MD)No.3331 of 2018 02.03.2018 https://hcservices.ecourts.gov.in/hcservices/