Madras High CourtCRL OP(MD)/3938/2018disposed of

M.Seenu @ Seenivasan v. Additional Superintendent Of

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.3938 of 2018 M.Seenu @ Seenivasan ... Petitioner/ Accused No.3 -Vs1.Additional Superintendent of Police, Thoothukudi Town, Thoothukudi.

Thoothukudi District.

2.State rep by The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

(Cr.No.735 of 2017) ... Respondents/ Complainant 3.Senthil Kumar ... Respondent/ Defacto complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the II Additional District Court/Special Court (PCR Court Wing) Tirunelveli to accept the surrender of the petitioner and consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Cr.No.735 of 2017 on the file of the respondent police.

For Petitioner : Mr.C.R.Ponnuthai For R1 & R2 : Mr.Prabu Ramachandran Government Advocate (Crl.side)

O R D E R

This petition has been filed by the petitioner to direct the the II Additional District Court/Special Court (PCR Court Wing) Tirunelveli to accept the surrender of the petitioner and consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Cr.No.735 of 2017 on the file of the respondent police..

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

2.Heard, the learned counsel appearing for the petitioner 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 petitioner is 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 II Additional District Court/Special Court (PCR Court Wing) Tirunelveli, is directed to consider the bail petition filed by the petitioner in connection with Crime No.735 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(ADII) /True Copy/ Sub-Assistant Registrar To 1.The II Additional District Court/ Special Court (PCR Court Wing) Tirunelveli.

2.The Additional Superintendent of Police, Thoothukudi Town, Thoothukudi.

Thoothukudi District.

3.The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

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

+One cc to M/s.C.R.Ponnuthai, Advocate, SR.No.55802 rmk RL/6C/2P/SV/MMS/SAR1/3/4/2018 Crl.O.P.(MD) No.3938 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 15.03.2018