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Madras High CourtCRL OP(MD)/4554/2018disposed of

Muthuvel Murugan v. The Deputy Superintendent Of

2018-03-23Honourable Mr Justice P. Rajamanickam2 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.4554 of 2018 Muthuvel Murugan ... Petitioner/Accused No.2 -Vs1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

2.The Inspector of Police, Austinpatti Police Station, Thirumangalam Taluk, Madurai District.

(Crime No.330 of 2017)

...Respondents/complainants

3.Ajithkumar 4.Karuppayee ... Respondents/defacto complainants PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned III Additional District & Sessions Judge (Special Court for PCR Cases), Madurai to consider the bail application on same day of the surrender of the petitioners in connection with Crime No.330 of 2017 on the file of the respondent police.

For Petitioner : Mr.I.Velpradeep 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 III Additional District & Sessions Judge (Special Court for PCR Cases), Madurai, to consider the bail application of the petitioner on the day of surrender itself in connection with Crime No.330 of 2017, on the file of the second respondent police.

2.Heard Mr.I.Velpradeep, 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, learned III Additional District & Sessions Judge (Special Court for PCR Cases), Madurai, is directed to consider the bail petition filed by the petitioner in connection with Crime No.330 of 2017, 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(C.O) /True Copy/ Sub-Assistant Registrar'

To

1. The III Additional District & Sessions Judge, (Special Court for PCR Cases), Madurai.

2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Austinpatti Police Station, Thirumangalam Taluk, Madurai District.

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

+One cc to M/s.I.Velpradeep, Advocate, SR.No.57538 das RL/6C/2P/KK/SAR2/28/2/2018 CRL.O.P.(MD)No.4554 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 23.03.2018