Madras High CourtCRL OP(MD)/7033/2019ordered

Vetharajan @ Jein Vetharaj, v. The Deputy Superintendent Of

2019-05-15Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.7033 of 2019 1.Vetharajan @ Jein Vetharaj 2.Poo Muthukumar @ Muthukumar ... Petitioners/Accused Nos.1 and 2 vs.

State Represented by 1.The Deputy Superintendent of Police, Srivaikundam, Thoothukudi District.

2.The Inspector of Police, Sayarpuram Police Station, Thoothukudi District.

[Crime No.110 of 2018] ..Respondents/Complainants 3.Selvin ... Respondent/Defacto Complainant/Victim PRAYER : Petition filed under Section 482 of Cr.P.C., to direct the II Additional District and Session Judge, Tirunelveli (PCR Act cases) to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Cr.No.110 of 18, on the file of the 2nd respondent.

For Petitioners : Mr.C.Susikumar For R1 and R2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

The petitioners, who apprehend arrest for the offences punishable under Sections 294(b), 323 and 506(i) of IPC @ 294(b), 323, 506(i) of IPC and Sections 3(1)(r,s) and 3(2)(va) of SC & ST (Prevention of Atrocities) Amendment Act, 2015 in Crime No.110 of 2018, on the file of the 2nd respondent police, have moved this petition seeking a direction to the learned II Additional District and Session Judge, Tirunelveli (PCR Act cases) to consider the bail application of the petitioners on the same day of their surrender.

2.Heard the learned Counsel for the petitioners and Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the State.

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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 two weeks from the date of receipt of a copy of this order and on such surrender, the learned II Additional District and Session Judge, Tirunelveli (PCR Act cases) shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15 (A) of the SC/ST Act.

4. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The II Additional District Judge (PCR Court), Tirunelveli District.

2.The Deputy Superintendent of Police, Srivaikundam, Thoothukudi District.

3.The Inspector of Police, Sayarpuram Police Station, Thoothukudi District.

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

+1 CC to M/s.C.SUSI KUMAR, Advocate( SR-66128[F] dated 17/05/2019 ) sji/rmk Crl.O.P.(MD)No.7033 of 2019 15.05.2019 KM/(21.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/