Madras High CourtCRL OP(MD)/3334/2018disposed of

Ramalingam v. The Deputy Superintendent

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.3334 of 2018 1.Ramalingam 2.Mariappan 3.Prabhu 4.Sasidharan 5.Kameswaran 6.Ravi 7.Thirumurugan @ Murugan 8.Iyyappan ... Petitioners / Accused Rank not known -Vs1. State represented by Deputy Superintendent of police, Thiruvidaimaruthur Sub-Division, Thanjavur District.

... 1st Respondent/Investigating Officer

2. The Inspector of Police, Nachiyarkoil Police Station, Nachiyarkoil, Thanjavur District.

(Crime No.19 of 2018) ... 2nd Respondent/Complainant

3. Pitchai ...3rd Respondent / Defacto complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, praying to direct the learned I Additional Sessions Judge, (PCR), Thanjavur, Thanjavur District to consider and dispose of the bail application filed by the petitioners in Crime No.19 of 2018 on the file of the second respondent herein on the same day of their surrender.

For Petitioners : Mr.A.Thiruvadikumar 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 petitioners to direct the learned I Additional Sessions Judge, (PCR), Thanjavur, Thanjavur District to consider and dispose of the bail application filed by the petitioners in Crime No.19 of 2018 on https://hcservices.ecourts.gov.in/hcservices/

the file of the second respondent herein on the same day of their surrender.

2.Heard Mr.A.Thiruvadikumar, 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 I Additional Sessions Judge, (PCR), Thanjavur, Thanjavur District is directed to consider the bail petition filed by the petitioners in connection with Crime No.19 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 (CO) /True Copy/ Sub Assistant Registrar To

1. The I Additional Sessions Judge, (PCR), Thanjavur, Thanjavur District

2. The Deputy Superintendent of police, Thiruvidaimaruthur Sub-Division, Thanjavur District.

3. The Inspector of Police, Nachiyarkoil Police Station, Nachiyarkoil, Thanjavur District.

4. The Government Advocate (Crl.Side), Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.A.THIRUVADI KUMAR, ADVOCATE IN SR No. 52551 PNN TE/SV-MMS/SAR-4 : 09/03/2018 : 2P/6C CRL.O.P.(MD)No.3334 of 2018 02.03.2018 https://hcservices.ecourts.gov.in/hcservices/