Madras High CourtCRL OP(MD)/502/2018ordered

Selvam (A) Selvakumaran v. The Inspector Of Police

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.502 of 2018 Selvam @ Selvakumaran ... Petitioner/Accused No.2 -Vs1. The State represented by, The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

(Crime No.8 of 2018) ...1st Respondent/Complainant

2. The Superintendant of Police, Valliyoor Sub Division, Tirunelveli District.

...2nd Respondent/Investigation Officer 3.Manikandan ...3rd Respondent/de-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the II Additional District Judge cum PCR Court, Tirunelveli to dispose of the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned Court in pending investigation of Crime No.8 of 2018 on the file of respondent police.

For Petitioner :

Mr.G.Thalaimutharasu For Respondents :

Mr.Prabu Ramachandran Government Advocate(Crl.side) for R1 and R2 :

No appearance for R3

O R D E R

This petition has been filed by the petitioner to direct the II Additional District Judge cum PCR Court, Tirunelveli to dispose of the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned Court pending investigation of Crime No.8 of 2018 on the file of respondent police.

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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 Judge cum PCR Court, Tirunelveli, is directed to consider the bail petition filed by the petitioner in connection with Crime No.8 of 2018 , 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(CO) /True Copy/ Sub Assistant Registrar To

1. The II Additional District Judge cum PCR Court, Tirunelveli.

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

3. The Superintendant of Police, Valliyoor Sub Division, Tirunelveli District.

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

+ 1 cc TO Mr.G.Thalaimutharasu , Advocate in SR No. 41675 gsp/pnn AE/RSK/SAR3/17.01.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD) No.502 of 2018 11.01.2018