Madras High CourtCRL OP(MD)/3644/2018disposed of

P. Thilagaraj v. The Assistant Commissioner

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.3644 of 2018 1.P.Thilagaraj 2.T.Ponraj@Pon Ram 3.T.Sudalairaj @ Sudalai ... Petitioners/ Accused Nos.1 to 3 Vs.

1.The Assistant Commissioner of Police, Tirunelveli City Sub-Division, Tirunelveli.

2.State represented by The Sub-Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City.

(Crime No.68 of 2018).

...Respondents/Complainants

3.Murugan

...Respondent/Defacto Complainant

PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the II Additional District and Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.68 of 2018 dated 05.03.2018 on the file of the second respondent.

For Petitioners : Mr.R.Pon Karthikeyan For R1 and R2 : Mr.Prabu Ramachandran Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioners to direct the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.68 of 2018 dated 05.03.2018 on the file of the second respondent.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the State. https://hcservices.ecourts.gov.in/hcservices/

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 II Additional District and Sessions Judge (PCR Court), Tirunelveli is directed to consider the bail petition filed by the petitioners in connection with Crime No.68 of 2018, 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(C.O.) /True Copy/ Sub Assistant Registrar To 1.The II Additional District and Sessions Judge (PCR Court), Tirunelveli 2.The Assistant Commissioner of Police, Tirunelveli City Sub-Division, Tirunelveli.

3.The Sub-Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City.

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

+1CC to Mr.R.Pon Karthikeyan, Advocate, SR.No. 53960 CRL.OP.(MD) No.3644 of 2018 08.03.2018 cp AM/SKN RSK/SAR 3/13.03.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/