Madras High CourtCRL OP(MD)/484/2018ordered

Sridhar v. The Deputy Superintendent Of

2018-01-11Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.484 of 2018 Sridhar ... Petitioner/Accused No.10 -Vs1. The Deputy Superintendent of Police, Vallioor Sub-Division, Tirunelveli District.

2. State represented by, The Inspector of Police, Thirukurungudi Police Station, Tirunelveli District.

(Crime No.108 of 2017)

...Respondent Nos.1&2/Complainants

3.S.Indira 4.Chellammal 5.K.Thiruselvi

...Respondent Nos.3 to 5/De-facto

complainants Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the II Additional District & Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.108 of 2017 dated 24.09.2017 on the file of the respondents.

For Petitioner :

Mr.R.Pon Karthikeyan For R1 & R2 :

Mr.Prabu Ramachandran Government Advocate(Crl.side) For R3 to R5 :

No appearance

O R D E R

This petition has been filed by the petitioner to direct II Additional District & Sessions Judge (PCR Court), Tirunelveli to dispose of the bail application filed by the petitioner on merits on the same day of their surrender before the above mentioned concerned Court pending investigation of Crime No.108 of 2017 on the file of respondents.

https://hcservices.ecourts.gov.in/hcservices/

2.Heard, the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the State.

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 II Additional District & Sessions Judge (PCR Court), Tirunelveli, is directed to consider the bail petition filed by the petitioner in connection with Crime No.108 of 2017 , on merits and in accordance with law, after issuing notice to the victims under Section 15 (A) of the SC/ST Act.

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

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The II Additional District & Sessions Judge (PCR Court), Tirunelveli.

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

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

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

+1cc to Mr.R.Pon Karthikeyan, Advocate Sr.No.41773 GSP/PNN VB/JC/SAR1/19/01/2018/2P/6C Crl.O.P.(MD) No.484 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 11.01.2018