Madras High CourtCRL OP(MD)/4167/2018disposed of

Selvaraj 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.4167 of 2018 1.Selvaraj 2.Heldin @ Geltil ... Petitioners/Accused Nos.

1 and 2 Vs.

1.The Deputy Superintendant of Police, Tiruchendur, Thoothukudi District.

..1st Respondent 2.State rep. by its The Inspector of Police, Athoor Police Station, Thoothukudi District.

(Crime No.22 of 2018) ...2nd Respondent/Complainant 3.Lubarsha ...3rd Respondent/De facto Complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Additional District Sessions Judge cum P.C.R.Court, Tirunelveli to consider the petitioners bail application and dispose the bail application on the same day, if the petitioners surrender before the learned Additional District Sessions Judge cum P.C.R Court, Tirunelveli in Crime No.22 of 2018 on the file of the second respondent. For Petitioners : Mr.R.J.Karthick For R1 and R2 : Mr.Prabu Ramachandran Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioners to direct the learned Additional District Sessions Judge cum P.C.R.Court, Tirunelveli to consider the petitioners bail application and dispose of the bail application on the same day, if the petitioners surrender before the learned Additional District Sessions Judge cum P.C.R Court, Tirunelveli in Crime No.22 of 2018 on the file of the second 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 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 https://hcservices.ecourts.gov.in/hcservices/

order and on such surrender, the learned Additional District Sessions Judge cum P.C.R.Court, Tirunelveli is directed to consider the bail petition filed by the petitioners in connection with Crime No. 22 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 (P&A) /True copy/ Sub Assistant Registrar To 1.The Additional District and Sessions Judge, (PCR Court), Tirunelveli.

2.The Deputy Superintendant of Police, Tiruchendur, Thoothukudi District.

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

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

+1cc to Mr.R.J.Karthick Advocate, SR.No.56188 CRL.OP.(MD) No.4167 of 2018 16.03.2018 cp KK/RSK/19.03.2018/SAR-4/2P-6C https://hcservices.ecourts.gov.in/hcservices/