Madras High CourtCRL OP(MD)/860/2018ordered

Singaravelan, v. The Deputy Superintendent Of

2018-01-19Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.860 of 2018 Singaravelan ... Petitioner/1st Accused -Vs1. The State rep. By The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District. .... 1st respondent/Investigating Officer

2. The Inspector of Police, Nainar Kovil Police Station, Ramanathapuram District.

(Cr.No.2/2018) ... 2nd Respondent/Complainant

3. Thayanithi ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal Sessions Judge cum PCR Judge, Ramanathapuram to consider the bail application of the petitioner and to release him on the very same day of his surrender in connection with the F.I.R in Cr.No.2 of 2018 on the file of the 2nd respondent police. For Petitioner : Mr.M.S.Jeyakarthik For R-1 & R-2 : Mr.Prabhu Ramachandran Govt. Advocate (Crl.Side) ***

O R D E R

This Criminal Original petition has been filed under Section 482 of Criminal Procedure Code, to direct the learned Principal Sessions Judge cum PCR Judge, Ramanathapuram to consider the bail application of the petitioner and to release him on the very same day of his surrender in connection with the F.I.R in Cr.No.2 of 2018 on the file of the 2nd respondent police. https://hcservices.ecourts.gov.in/hcservices/

2.Heard both sides.

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 Principal Sessions Judge cum PCR Judge, Ramanathapuram, is directed to consider the bail petition filed by the petitioner in connection with Crime No.2 of 2018, on merits and in accordance with law, after issuing notice to the defacto complainant/victim 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 Principal Sessions Judge cum PCR Judge, Ramanathapuram.

2. The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3. The Inspector of Police, Nainar Kovil Police Station, Ramanathapuram District.

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

+ 1 cc TO Mr.M.S.Jeyakarthik , Advocate in SR No. 42972 vs AE/KKR/SAR1/25.01.2018/2P/6C CRL.O.P.(MD)No.860 of 2018 19.01.2018 https://hcservices.ecourts.gov.in/hcservices/