Madras High CourtCRL OP(MD)/4327/2018disposed of

Velsamy @ Kutty v. The Deputy Superintendent

2018-03-22Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.4327 of 2018 Velsamy ... Petitioner/Accused No.3 -Vs1.The Deputy Superintendent of Police, Alangulam Taluk, Tirunelveli District.

2.The Inspector of Police, Seethappa Nallur Police Station, Tirunelveli District.

(Crime No.39 of 2018)

...Respondents No.1 & 2/complainants

3.Ganesan ... 3rd Respondent/defacto complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned II Additional District and Sessions Judge (Special Court for SC/ST Cases), Tirunelveli, to consider the petitioner's bail application on the same date of surrender before the court in respect of Crime No.39 of 2018 on the file of the respondent police.

For Petitioner : Mr.V.Angusamy For R-1 & R-2 : Mr.Prabu Ramachandran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner to direct the learned II Additional District and Sessions Judge (Special Court for SC/ST Cases), Tirunelveli, to consider the bail application of the petitioner on the day of surrender itself in connection with Crime No.39 of 2018, on the file of the Seethappa Nallur Police Station, Tirunelveli District. 2.Heard Mr.V.Angusamy, learned counsel appearing for the petitioner and Mr.Prabu Ramachandran, learned Government Advocate (Crl.Side) appearing for the first and second respondents. 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 https://hcservices.ecourts.gov.in/hcservices/

and on such surrender, learned II Additional District and Sessions Judge (Special Court for SC/ST Cases), Tirunelveli, is directed to consider the bail petition filed by the petitioner in connection with Crime No.39 of 2018, on merits and in accordance with law, after issuing notice to the de-facto complainant under Section 15 (A) of the SC/ST Act.

4.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The II Additional District and Sessions Judge, (Special Court for SC/ST Cases), Tirunelveli. 2.The Deputy Superintendent of Police, Aalangulam Taluk, Tirunelveli District.

3.The Inspector of Police, Seethappa Nallur Police Station, Tirunelveli District.

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

+1cc to M/S.V.Angusamy, Advocate SR.No. 57039 CRL.O.P.(MD)No.4327 of 2018 22.03.2018 das JM/JC/SAR 2/28.03.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/