Madras High CourtCRL OP(MD)/3780/2018disposed of

G. Siva Andavar Selvakumar v. The Deputy Superintendent

2018-03-15Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.3780 of 2018 1.G.Siva Andavar Selvakumar 2.R.Yuvaraja 3.G.Veeramani 4.S.Kottaikaruppasamy ... Petitioners/ Accused Nos.1 to 4 -Vs1. The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Andipatti Sub-Division, Theni District.

2. The Inspector of Police, Andipatti Police Station, Theni District.

... Respondents/ Complainants (Cr.No.122 of 2018)

3. S.Sanjeevi Eswari ... Respondent/ Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Principal District and Sessions Court (Special Court of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Theni to accept the surrender of the petitioners/Accused No.1 to 4 consider their bail application and grant bail on the date of surrender itself in Cr.No.122 of 2018 dated 17.02.2018.

For Petitioner :

Mr.V.selva For Respondents :

Mr.Prabu Ramachandran Government Advocate(Crl.side) (for R1 & R2)

O R D E R

This petition has been filed by the petitioners to direct the learned Principal District and Sessions Court (Special Court of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Theni to consider the petitioners' bail application on the date of surrender itself before the Court in respect of Cr.No.122 of 2018 on the file of the second respondent police. 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 Principal District and Sessions Court (Special Court of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Theni, is directed to consider the bail petition filed by the petitioners in connection with Crime No.122 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 (CS-III) /True Copy/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge (Special Court of Scheduled Castes and Scheduled Tribes) Theni.

2. The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Andipatti Sub-Division, Theni District.

3. The Inspector of Police, Andipatti Police Station, Theni District.

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

+ 1 CC TO Mr.V.SELVA, ADVOCATE IN SR No. 55751 RMK TE/SKN-RSK/SAR-1 : 03/04/2018 : 2P/6C Crl.O.P.(MD) No.3780 of 2018 15.03.2018 https://hcservices.ecourts.gov.in/hcservices/