Madras High CourtCRL OP(MD)/76/2018disposed of

Radha @ Radhakrishnan v. The Deputy Superintendent Of

2018-01-05Honourable Mr Justice P. Rajamanickam3 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.76 of 2018 1.Radha @ Radhakrishnan 2.Muthu @ MuthuPandi 3.Muthukalai 4.Ramesh 5.Arumugam 6.Kumaran 7.Murugan 8.Selva @ Selva Gompathi 9.Prasanth ... Petitioners/Accused Nos.

2 to 9 and 11 -Vs1. The Deputy Superintendent of Police, Samayanallur, Madurai District.

2. The Sub-Inspector of Police, Samayanallur Police Station, Madurai District.

(Crime No.573 of 2017) ... Respondents/Complainants 3.Mariammal ... 3rd Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the III Additional District and Sessions Judge, PCR Court, Madurai to accept the surrender of the petitioners and consider their bail applications on the same day in connection with Crime No.573 of 2017 pending on the file of the respondents.

For Petitioner :

Mr.B.Vijay Karthikeyan For R1 and R2 :

Mr.K.Anbarasan, Government Advocate(Crl.side) For R3 :

No appearance ***

O R D E R

This petition has been filed by the petitioners to direct the learned III Additional District and Sessions Judge, PCR Court, Madurai to accept the surrender of the petitioners and consider their bail applications on the same day in connection with Crime No.573 of 2017, pending on the file of the respondents. 2.Heard, Mr.B.Vijay Karthikeyan, learned counsel appearing for the petitioners and Mr.K.Anbarasan, 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 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 III Additional District and Sessions Judge, PCR Court, Madurai, is directed to consider the bail petition filed by the petitioners in connection with Crime No.573 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 III Additional District and Sessions Judge, PCR Court,Madurai.

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

3. The Sub-Inspector of Police, Samayanallur Police Station, Madurai District.

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

+1cc to Mr.B.VIJAY KARTHIKEYAN Advocate in SR. NO.40584 Rmk MV:GT:SAR3:18/01/2018/2P/6C Crl.O.P.(MD) No.76 of 2018 05.01.2018