Madras High CourtCRL OP(MD)/988/2018ordered

Sundarapandi v. The Sub Inspector Of Police

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.988 of 2018 Sundarapandi ... Petitioner/Accused No.2 -Vs1. The Sub Inspector of Police, Eriodu Police Station, Dindigul District.

(Crime No.5 of 2018) ... Respondent /Complainant

2. The Deputy Superintendant of Police, Vedasanthur Sub Division, Vedasanthur, Dindigul District.

... Respondent/Investigation Officer 3.Palanichamy ... Respondent/Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge, Dindigul, to accept the surrender and consider the bail application to be filed by the petitioner on the same day on merits in Crime No.5 of 2018 on the file of the Sub Inspector of Police, Eriodu Police Station for the offences under Sections 294(b), 323, 506(ii) on the Indian Penal Code and 3(2) (v), 3(1) (r), 3(1) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. For Petitioner : Mr.A.Hariharan 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 Principal District and Sessions Judge, Dindigul, to accept the surrender and consider the bail application to be filed by the petitioner on the same day on merits in Crime No.5 of 2018 on the file of the Sub Inspector of Police, Eriodu Police Station for the offences under Sections 294 (b), 323, 506(ii) I.P.C., and 3(2)(v), 3(1)(r), 3(1)(s) of the https://hcservices.ecourts.gov.in/hcservices/

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.Heard Mr.A.Hariharan, the learned counsel appearing for the petitioner and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the first and second respondent. 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 District and Sessions Judge, Dindigul, is directed to consider the bail petition filed by the petitioner in connection with Crime No.5 of 2018, 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 learned Principal District and Sessions Judge, Dindigul.

2. The Sub Inspector of Police, Eriodu Police Station, Dindigul District.

3. The Deputy Superintendant of Police, Vedasanthur Sub Division, Vedasanthur, Dindigul District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc TO Mr.A.Hariharan , Advocate in SR No. 43350 sss AE/KKR/SAR3/31.01.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/ CRL.O.P.(MD)No.988 of 2018 23.01.2018