Madras High CourtCRL OP(MD)/867/2018ordered

Saravanakumar v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.867 of 2018 1.Saravana Kumar 2.Chermadurai 3.Saravana ... Petitioners/ Accused No.1 to 3 -Vs1.The State Rep. by The Inspector of Police, Thisaiyanvilai Police Station, Thisaiyanvilai, Tirunelveli District.

2.The Deputy Superintendent of Police, Valliyoor Range, Valliyoor, Tirunelveli District.

... Respondents/ Complainants 3.Vijayakumar ... Respondent / Defacto complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned II Additional Sessions Judge, Tirunelveli, Tirunelveli District to accept the surrender of the petitioners in connection with Crime.No.19 of 2018 on the file of the Inspector of Police, Thisaiyanvilai Police Station, Thisaiyanvilai, Tirunelveli District and subsequently in the event of any bail application is made to be filed by them on the date of their surrender before the said Court the same has to be decided later on merits and in accordance with law on the same day itself. For Petitioners :

Mr.S.Palani Velayutham For Respondents :

Mr.Prabu Ramachandran Government Advocate (Crl.side) for R1 & R2 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This petition has been filed by the petitioners to direct the learned II Additional Sessions Judge, Tirunelveli, Tirunelveli District to consider the petitioner's bail application on the date of surrender itself before the Court in respect of Cr.No.19 of 2018 on the file of the first respondent police.

2.Heard, the learned counsel appearing for the petitioners 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 learned II Additional Sessions Judge, Tirunelveli, Tirunelveli District, is directed to consider the bail petition filed by the petitioners in connection with Crime No.19 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(C.O) /True Copy/ Sub-Assistant Registrar To 1.The II Additional Sessions Judge, Tirunelveli, Tirunelveli District.

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

3.The Deputy Superintendent of Police, Valliyoor Range, Valliyoor, Tirunelveli District.

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

+One cc to Mr.S.Palanivelayutham, Advocate, SR.No.43181 rmk RL/6C/2P/KK/SAR3/31/1/2018 Crl.O.P.(MD) No.867 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 19.01.2018