Madras High CourtCRL OP(MD)/7036/2019ordered

Suganthan, 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.7036 of 2019 Suganthan ... Petitioner vs.

State Represented by 1.The Deputy Superintendent of Police, Musiri, Trichy District.

2.The Inspector of Police, Thottiyam Police Station, Trichy District.

[Crime No.86 of 2019] 3.Thangadurai 4.Sibi 5.Sivaraman ... Respondents PRAYER : Petition filed under Section 482 of Cr.P.C., to direct the learned I Additional District and Sessions Judge (PCR Cases), Trichy to consider the bail application of the petitioner to be filed in Cr.No.86 of 2019, on the file of the 2nd respondent police and to accept his surrender on the same day on merits. For Petitioner : Mr.R.Senthilkumar For R1 and R2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest for the offences punishable under Sections 147, 148, 294(b), 324, 307 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(Va) of SC & ST (Prevention of Atrocities) Amendment Act, 2015 in Crime No.86 of 2019, on the file of the second respondent police, has moved this petition seeking a direction to the learned I Additional District and Sessions Judge (PCR Cases), Trichy to consider the bail application of the petitioner on the same day of his surrender.

2.Heard the learned Counsel for the petitioner 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 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 Cases), Trichy 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/- Vacation Officer/ Assistant Registrar // True Copy // Sub Assistant Registrar(CS) sji/rmk To 1.The I Additional District and Sessions Judge (PCR Cases), Trichy.

2.The Deputy Superintendent of Police, Musiri, Trichy District.

3.The Inspector of Police, Thottiyam Police Station, Trichy District.

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

+1CC TO MR.R.SENTHIL KUMAR, Advocate Sr. No. 66133 Crl.O.P.(MD)No.7036 of 2019 15.05.2019 GRL(CO) TR (23.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/