Madras High CourtCRL OP(MD)/62/2018disposed of

Petchimuthu v. The Deputy Superintendent

2018-01-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.62 of 2018 Petchimuthu ... Petitioner/ Accused No.7 -Vs1. The Deputy Superintendent of Police, Nanguneri (in-charge Cheranmahadevi), Tirunelveli District.

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

(Cr.No.268 of 2017) ... Respondents Nos.1 & 2/ Complainant 3.E.Manikandan

...Respondent No.3/ Defacto

complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the II Additional District and Sessions Judge cum PCR Court, Tirunelveli to consider the petitioner's bail application on the date of surrender itself before the Court in respect of Cr.No.268 of 2017 on the file of the second respondent police.

For Petitioner :

Mr.V.Angusamy For R1 & R2 :

Mr.K.Anbarasan, Government Advocate(Crl.side)

O R D E R

This petition has been filed by the petitioner to direct the II Additional District and Sessions Judge cum PCR Court, Tirunelveli to consider the petitioner's bail application on the date of surrender itself before the Court in respect of Cr.No.268 of 2017 on the file of the second respondent police. 2.Heard, the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the State.

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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 learned II Additional District and Sessions Judge cum PCR Court, Tirunelveli, is directed to consider the bail petition filed by the petitioner in connection with Crime No.268 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(W) /True Copy/ Sub Assistant Registrar To

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

1. The Deputy Superintendent of Police, Nanguneri (in-charge Cheranmahadevi), Tirunelveli District.

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

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

+ 1 cc TO Mr.V.Angusamy , Advocate in SR No. 41138 rmk AE/SV MMS/SAR1/19.01.2018/2P/6C Crl.O.P.(MD) No.62 of 2018 05.01.2018 https://hcservices.ecourts.gov.in/hcservices/