Madras High CourtCRL OP(MD)/4573/2018disposed of

Thonthi v. The Deputy Superintendent

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.4573 of 2018 1.Thonthi 2.Prabhu .. Petitioners/Accused No.2 & 3 -VsState represented by 1.The Deputy Superintendent of Police, Periyakulam, Theni District.

2.The Inspector of Police, Periyakulam Police Station, Theni District.

(Crime No.24 of 2018)

...Respondents/complainants

3.Prabhu ... Respondent/defacto complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District Judge, Theni (PCR Act Cases) to consider the bail application on his surrender on the same, if any petition filed by the petitioners in Crime No.24 of 2018 on the file of the second respondent. For Petitioners : Mr.M.Subash Babu 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 petitioners to direct the learned Principal District Judge, Theni (PCR Act Cases), to consider the bail application of the petitioners on the day of surrender itself in connection with Crime No.24 of 2018, on the file of the second respondent police. 2.Heard Mr.M.Subash Babu, learned counsel appearing for the petitioners 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 https://hcservices.ecourts.gov.in/hcservices/

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 order and on such surrender, the learned Principal District Judge, Theni (PCR Act Cases), is directed to consider the bail petition filed by the petitioners in connection with Crime No.24 of 2018, on merits and in accordance with law, after issuing notice to the defacto 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 Principal District Judge, Theni (PCR Act Cases).

2.The Deputy Superintendent of Police, Periyakulam, Theni District.

3.The Inspector of Police, Periyakulam Police Station, Theni District.

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

+1CC to Mr.M.Subash Babu, Advocate, SR.No. 57806 CRL.O.P.(MD)No.4573 of 2018 23.03.2018 das AM/SKN RSK/SAR 1/26.03.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/