Madras High CourtCRL OP(MD)/4553/2018disposed of

Hariharasuthan v. The Deputy Superintendent Of

2018-03-23Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.4553 of 2018 Hariharasuthan ... Petitioner/Accused No.2 -VsThe State represented by its 1.The Deputy Superintendent of Police, Muthukulathur, Ramanathapuram District.

2.The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.

(Crime No.30 of 2018)

...Respondents/complainants

3.Mohanraj ... Respondent/defacto complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions's Judge (PCR cases), Ramanathapuram, to consider the bail application on the surrender of the petitioner/accused no.2 on the same day in connection with Crime No.30 of 2018 on the file of the second respondent police, on merits on the same day. For Petitioner : Mr.L.Prabakaran 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 Principal District and Sessions's Judge (PCR cases), Ramanathapuram, to consider the bail application of the petitioner on the day of surrender itself in connection with Crime No.30 of 2018, on the file of the second respondent police. 2.Heard Mr.L.Prabakaran, 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, the learned Principal District and Sessions's Judge (PCR cases), Ramanathapuram, is directed to consider the bail petition filed by the petitioner in connection with Crime No.30 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 Principal District and Sessions's Judge (PCR cases), Ramanathapuram.

2.The Deputy Superintendent of Police, Muthukulathur, Ramanathapuram District.

3.The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.

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

+1cc to M/S.L.Prabakaran, Advocate SR.No. 57484 CRL.O.P.(MD)No.4553 of 2018 23.03.2018 das JM/KKR/SAR 1/28.03.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/