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Madras High CourtCRL OP(MD)/5831/2019ordered

S.Kiran, v. The Deputy Superintendent Of

2019-04-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.5831 of 2019 1.S.Kiran 2.V.Ranjith 3.N.Rahul @ Mango : Petitioners/Accused No.1,2 & 4 /Vs./ 1.The Deputy Superintendent of Police, Musiri, Trichy District.

: 1st Respondent 2.The State represented by The Sub-Inspector of Police, Thottiyam Police Station, Trichy District.

(Crime No.86 of 2019) : 2nd Respondent/Complainant 3.O.Thangadurai :3rd Respondent/Defacto Complaint 4.T.Sivaraman : 4th Respondent/Victim PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned I Additional District and Sessions Judge (PCR Court), Trichy District to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.86 of 2019 on the file of the 2nd respondent.

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

ORDER

This petition has been filed to direct the learned I Additional District and Sessions Judge (PCR Court), Trichy District to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.86 of 2019 on the file of the 2nd respondent.

2.The learned Additional Public Prosecutor submitted that the major offence is one under Section 307 IPC and the injured is continuing to take treatment as inpatient.

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 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 order and on such surrender, the learned I Additional District and Sessions Judge (PCR Court), Trichy District, shall deal with the https://hcservices.ecourts.gov.in/hcservices/

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. 4.This Criminal Original Petition is disposed of with the above directions. However, the petitioners are directed to take private notice to the victim intimating the date of their surrender.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) Sm To 1.The I Additional District and Sessions Judge (PCR Court), Trichy District.

2.The Deputy Superintendent of Police, Musiri, Trichy District. 3.The Sub-Inspector of Police, Thottiyam Police Station, Trichy District.

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

+1CC TO MR.A.AZHAGESON, Advocate Sr. No.61743 Crl.O.P.[MD].No.5831 of 2019 23.04.2019 SCR(CO) TR (30.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/