Velmurugan v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.4748 of 2019 1.Velmurugan 2.Muthumani 3.Ramanathan 4.Nagoorkani 5.Mayakannan : Petitioners/Accused No.2,4 to 7 Vs.

1.State rep. by The Deputy Superintendent of Police, Kamuthi, Ramanathapuram District.

2.State rep. by The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

In Cr.No.51 of 2019 : Respondents No.1 & 2/Complainants 3.Dhanasekaran : 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned District and Sessions Judge, (P.C.R. Court) Ramanathapuram to consider of the bail application on the surrender of the petitioners in connection with case in Crime No.51 of 2019, pending investigation on the file of the 2nd respondent police on merits on the same day.

For Petitioners : Mr.A.Uthayakumar For R-1 and R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned District and Sessions Judge, (P.C.R. Court) Ramanathapuram to consider of the bail application on the surrender of the petitioners in connection with case in Crime No.51 of 2019, pending investigation on the file of the 2nd respondent police on merits on the same day. 2.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 ten days from the date of receipt of a copy of this https://hcservices.ecourts.gov.in/hcservices/

order and on such surrender, the District and Sessions Judge, (P.C.R. Court) Ramanathapuram, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victim under Section 15-A of the SC/ST Act. 3.This Criminal Original Petition is disposed of with the above directions. However, the petitioner are directed to take private notice to the victim intimating the date of their surrender.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) sm/vsd To 1.The district and Sessions Judge, (P.C.R. Court), Ramanathapuram.

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

3.The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

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

+1CC TO MR.A.UTHAYA KUMAR, Advocate Sr. No. 57850 Crl.O.P.[MD].No.4748 of 2019 29.03.2019 TR (10.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/