Madras High CourtCRL OP(MD)/4368/2018disposed of

Ayyappan@Palpandi@Essakimuthu 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.4368 of 2018 Ayyappan @ Palpandi @ Essakimuthu ... Petitioner/Accused No.1 -Vs1.The Deputy Superintendent of Police, Ambasmudram Sub Division, Tirunelveli District.

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

(Crime No.118 of 2018)

...Respondents/complainants

3.M.Ganesamoorthy ... 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 (PCR), Tirunelveli, Tirunelveli District to consider and dispose of the bail application filed by the petitioner in Crime No.118 of 2018 on the file of the 2nd respondent herein on the same day of his surrender.

For Petitioner : Mr.A.Thiruvadikumar 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 (PCR), Tirunelveli, Tirunelveli District, to consider the bail application of the petitioner on the day of surrender itself in connection with Crime No.118 of 2018, on the file of the Ambasmudram Police Station, Tirunelveli District. 2.Heard Mr.A.Thiruvadikumar, learned counsel appearing for the petitioner and Mr.Prabu Ramachandran, learned Government Advocate (Crl.Side) appearing for the first and second respondents. https://hcservices.ecourts.gov.in/hcservices/

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 and on such surrender, the learned II Additional District and Sessions Judge (PCR), Tirunelveli, Tirunelveli District, is directed to consider the bail petition filed by the petitioner in connection with Crime No.118 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 (PCR), Tirunelveli, Tirunelveli District.

2.The Deputy Superintendent of Police, Ambasmudram Sub Division, Tirunelveli District.

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

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

+1CC TO M/S.A.THIRUVADI KUMAR, ADVOCATE, SR NO.57113 CRL.O.P.(MD)No.4368 of 2018 22.03.2018 das MS/JC/SAR-1/26.03.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/