Madras High CourtCRL OP(MD)/7134/2019ordered

Mareeshwaran v. The Deputy Superintendent Of

2019-05-15Honourable Mr Justice G.K. Ilanthiraiyan2 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.7134 of 2019 Mareeshwaran ... Petitioner vs.

1.The Deputy Superintendent of Police, Ramanathapuram Sub-Division, Ramanathapuram District.

2.The State Represented by its, The Sub-Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District.

[Crime No.24 of 2019] 3.Muneeswari ... Respondents PRAYER : Petition filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions Judge-cum-PCR Judge, Ramanathapuram, to consider the bail application of the petitioner on the very same day of his surrender and to release him on bail on the very same day itself, in connection with the FIR in Crime No.24 of 2019, on the file of 2nd respondent police. For Petitioner : Mr.M.S.Jeyakarthik For R1 and R2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest for the offences punishable under Sections 147, 294(b), 324, 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002 and Section 3(2)(Va) of SC & ST (Prevention of Atrocities) Amendment Act, 2015 in Crime No.24 of 2019, on the file of the second respondent police, has moved this petition seeking a direction to the learned Principal Sessions Judge-cum-PCR Judge, Ramanathapuram 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 Principal Sessions Judge-cum-PCR Judge, Ramanathapuram 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 (vo) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Sessions Judge-cum-PCR Judge, Ramanathapuram.

2.The Deputy Superintendent of Police, Ramanathapuram Sub-Division, Ramanathapuram District.

3.The Sub-Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-65876[F] dated 16/05/2019 ) sji/rmk Crl.O.P.(MD)No.7134 of 2019 15.05.2019 KM/(21.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/