Madras High CourtCRL OP(MD)/412/2018ordered

Veeraiah v. The Deputy Superintendent Of

2018-01-10Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.412 of 2018 Veeraiah ... Petitioner/Accused rank not Known -Vs1. The Deputy Superintendant of Police Sankarankovil Taluk, Tirunelveli District.

2. The Inspector of Police, Ayyapuram Police Station, Tirunelveli District.

Crime No.134 of 2017 ... 1&2 Respondents

3. MuthuKumar ... 3rd Respondent/ Defacto Complainant/victim PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the II Additional and Sessions Judge, (Special Court for PCR Act Cases) Tirunelveli, to consider the bail application filed by the petitioner on the same day, if the petitioner surrender before the learned II Additional and Sessions Judge, (Special Court for PCR Act Cases) Tirunelveli in Case Cr.No.134 of 2017, dated on 14.12.2017, on the file of the second respondent police.

For Petitioner : Mr.R.Vinoth Bharathi 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 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 learned II Additional and Sessions Judge, (Special Court for PCR Act Cases) Tirunelveli, is directed to consider the bail petition filed by the petitioner in connection with Crime No.134 of 2017, on merits and in accordance with law, https://hcservices.ecourts.gov.in/hcservices/

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-II) /True Copy/ Sub Assistant Registrar To

1. The II Additional and Sessions Judge, (Special Court for PCR Act Cases), Tirunelveli.

2. The Deputy Superintendant of Police Sankarankovil Taluk, Tirunelveli District.

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

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

+ 1 CC TO Mr.R.VINOTH BHARATHI, ADVOCATE IN SR No. 41612 SSS TE/SV-MMS/SAR-1 : 18/01/2018 : 2P/6C CRL.O.P.(MD)No.412 of 2018 10.01.2018 https://hcservices.ecourts.gov.in/hcservices/