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Madras High CourtCRL OP(MD)/4135/2018disposed of

Balamurugan v. The Deputy Superintendent Of

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.4135 of 2018 1.Balamurugan 2.Aravinth 3.Sangar

...Petitioners/ Accused Nos.2 to 4

Vs.

1.State rep. by The Deputy Superintendant of Police, Sivagangai Taluk, Sivagangai District.

2.State represented by The Inspector of Police, Madhagupatti Police Station, Sivagangai District.

In Crime No.50 of 2018

...Respondent Nos.1 and 2/Complainants

3.Muniyandi ...3rd Respondent/ Defacto Complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned District and Sessions Judge cum PCR Court, Sivagangai to consider the bail application of the petitioners on the same day on their surrender in Crime No.50 of 2018 on the file of the Second respondent.

For Petitioners : Mr.R.Srinivasan For R1 and R2 : Mr.Prabu Ramachandran Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioners to direct the learned District and Sessions Judge cum PCR Court, Sivagangai to consider the bail application of the petitioners on the same day on their surrender in Crime No.50 of 2018 on the file of the respondent.

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

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 District and Sessions Judge cum PCR Court, Sivagangai is directed to consider the bail petition filed by the petitioners in connection with Crime No. 50 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(C.o.) /True Copy/ Sub Assistant Registrar To

1. The District and Sessions Judge, PCR Court, Sivagangai.

2.The Deputy Superintendant of Police, Sivagangai Taluk, Sivagangai District.

3.The Inspector of Police, Madhagupatti Police Station, Sivagangai District.

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

CRL.OP.(MD) No.4135 of 2018 16.03.2018 cp AM/RSK/SAR 4/21.03.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/