Madras High CourtCRL OP(MD)/985/2018ordered

R.V.Anand v. The Deputy Superintendent Of

2018-01-23Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.985 of 2018 R.V.Anand ... Petitioner/Sole Accused -Vs1. The Deputy Superintendant of Police, Mannargudi, Tiruvarur District.

2. State represented by The Inspector of Police, Mannargudi Town Police Station, Tiruvarur District.

(Crime No.434 of 2017) ... Respondents /Complainants

3. Karthik ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned I Additional District and Sessions Judge, (PCR Court), Thanjavur to consider the bail application of the petitioner/accused to be filed in Cr.No.434 of 2017 on the file of the respondent police and to accept their surrender on the same day on merits. For Petitioner : Mr.K.G.ArunKumar For R-1 & R-2 : Mr.Prabu Ramachandran, Government Advocate (Crl.Side) ***

O R D E R

This Criminal Original Petition has been filed by the petitioner to direct the learned I Additional District and Sessions Judge, (PCR Court), Thanjavur to consider the bail application of the petitioner/accused to be filed in Cr.No.434 of 2017 on the file of the respondent police and to accept their surrender on the same day.

2.Heard Mr.K.G.ArunKumar, the learned counsel appearing for the petitioner and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the first and second respondent. https://hcservices.ecourts.gov.in/hcservices/

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 I Additional District and Sessions Judge, (PCR Court), Thanjavur, is directed to consider the bail petition filed by the petitioner in connection with Crime No.434 of 2017, on merits and in accordance with law, after issuing notice to the defacto complainant 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 I Additional District and Sessions Judge, (PCR Court), Thanjavur.

2. The Deputy Superintendant of Police, Mannargudi, Tiruvarur District.

3. The Inspector of Police, Mannargudi Town Police Station, Tiruvarur District.

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

+1cc to Mr.K.G.ArunKumar, Advocate Sr.No.43837 SSS VB/MR/SAR3/31.01.2018/2P/6C CRL.O.P.(MD)No.985 of 2018 23.01.2018 https://hcservices.ecourts.gov.in/hcservices/