Madras High CourtCRL OP(MD)/3471/2018disposed of

Manikandan v. The Deputy Superintendent

2018-03-08Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.3471 of 2018 1.Manikandan 2.Appu @ Prabakaran 3.Muthukumar ... Petitioners/ Accused Nos.1 to 3 Vs.

1. The Deputy Superintendent of Police, Pabanasam, Thanjavur District.

2. State represented by Inspector of Police, Kabisthalam Police Station, Thanjavur District.

(Crime No.357 of 2017).

...Respondents/Complainants

3.Dineshkumar

...Respondent/Defacto

Complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned I Additional District and Sessions Judge, (PCR Court), Thanjavur to consider the bail application of the petitioners/Accused to be filed in Crime No.357 of 2017 on the file of the respondent police and to accept their surrender on the same day on merits. For Petitioners : Mr.PR.Boomee Rajan For R1 and R2 : Mr.Prabu Ramachandran Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioners to direct the learned I Additional District and Sessions Judge, (PCR Court), Thanjavur to consider the bail application of the petitioners/Accused to be filed in Crime No.357 of 2017 on the file of the respondent police and to accept their surrender on the same day on merits.

https://hcservices.ecourts.gov.in/hcservices/

2.Heard, the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the State.

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, the learned I Additional District and Sessions Judge, (PCR Court), Thanjavur is directed to consider the bail petition filed by the petitioners in connection with Crime No.357 of 2017, on merits and in accordance with law, after issuing notice to the victims 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, Pabanasam, Thanjavur District.

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

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

+1cc to Mr.PR.Boomee Rajan, Advocate Sr.No.53734 CP VB/SKN/RSK/SAR3/13/03/2018/2P/6C CRL.OP.(MD) No.3471 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 08.03.2018