Madras High CourtCRL OP(MD)/4090/2018disposed of

C. Rajkumar v. The Deputy Superintendent

2018-03-16Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.4090 of 2018 1.C.Rajkumar 2.L.Jeevanraj 3.B.Viknesh 4.R.Ashvin 5.P.Ramathurai 6.J.Viji alias Vijay 7.K.santhosh 8.M.Akoon ... Petitioners 1 to 8/ Accused 3 to 10 Vs.

1.The Deputy Superintendant of Police, Thanjavur (Oranthanadu Division) Thanjavur District.

2.The Sub Inspector of Police, Pappanadu Police Station, Orathanadu T K., Thanjavur District.

(Crime No.2 of 2018)

...Respondents 1 and 2/

Complainants 3.Rajkumar

...Respondent-3/De facto

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 Cour), Thanjavur to consider the bail application of the petitioners/Accused to be filed in Crime No.02 of 2018 on the file of the respondent police and to accept their surrender on the same day on merits.

For Petitioners : Mr.D.Gnanasekaran 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 Cour), Thanjavur to consider the bail application of the petitioners/Accused to be filed in Crime No.02 of 2018 on the file of the respondent police and to accept their surrender on the same day.

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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 Cour), Thanjavur 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 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(Crl. side) /True Copy/ Sub Assistant Registrar To 1.The I Additional District and Sessions Judge, (PCR Cour), Thanjavur.

2.The Deputy Superintendant of Police, Thanjavur (Oranthanadu Division) Thanjavur District.

3.The Sub Inspector of Police, Pappanadu Police Station, Orathanadu T K., Thanjavur District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.D.Gnanasekaran, Advocate SR.No. 56141 CRL.OP.(MD) No.4090 of 2018 16.03.2018 cp JM/RSK/SAR 4/19.03.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/