Sutharson v. The Deputy Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.368 of 2018 1.Sutharson 2.Babu @ Suresh Babu 3.Sumith Saran @ Sumithran 4.Satheesh @ Isakkiappa Sathish 5.Aravinth 6.Dinesh @ Dhanesh ... Petitioners/Accused Nos.1 to 4, A7 & A8 -Vs1. The Deputy Superintendant of Police Nanguneri, Tirunelveli District.

2. The Inspector of Police Eruvadi Police Station Tirunelveli District.

Crime No.2 of 2018 ... Respondents 1 & 2/Complainants

3. Sudalai Kumar ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Additional District and Sessions Judge, (Protection of Civil Rights), Tirunelveli, to accept the surrender of the petitioners and to consider the bail application to be filed by the petitioners on the same day in Cr.No.2 of 2018, on the file of the respondent police. For Petitioners : Mr.T.A.Ebenezer For R-1 & R-2 : Mr.Prabu Ramachandran, Government Advocate (Crl.Side) For R-3 : No Appearance

O R D E R

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

such surrender, the learned Additional District and Sessions Judge, (Protection of Civil Rights), Tirunelveli, is directed to consider the bail petition filed by the petitioners in connection with Crime No.2 of 2018, on merits and in accordance with law, after issuing notice to the defacto complainant/victim under Section 15 (A) of the SC/ST Act.

2. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Additional District and Sessions Judge, (Protection of Civil Rights), Tirunelveli,

2. The Deputy Superintendant of Police Nanguneri, Tirunelveli District.

3. The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

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

+ 1 CC TO Mr.T.A.EBENEZER, ADVOCATE IN SR No. 41334 SSS TE/SV-MMS/SAR-1 : 18/01/2018 : 2P/6C CRL.O.P.(MD)No.368 of 2018 10.01.2018 https://hcservices.ecourts.gov.in/hcservices/