Madras High CourtCRL OP(MD)/7168/2019ordered

Perumal, 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.7168 of 2019 1.Perumal 2.Manikandan @ Muthu Manikandan @ Mani Muthu Pattan 3.Krishnan ... Petitioners vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tirunelveli District.

2.The State Represented Through, The Inspector of Police, Kalakad Police Station, Tirunelveli District.

[Crime No.197 of 2019] 3.Thanga Perumal 4.Subbaiah ... Respondents PRAYER : Petition filed under Section 482 of Cr.P.C., to direct the II Additional District Judge, Tirunelveli to consider the petitioner's bail application on the date of their surrender in respect of Crime No.197 of 2019, on the file of the respondent police.

For Petitioners : Mr.P.R.Prithiviraj 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), 324, 307, 109 IPC and Sections 3 (1)(r), 3(1)(s), 3(1)(g), 3(1)(f) & 3(2)(va) of SC & ST (Prevention of Atrocities) Amendment Act, 2015 in Crime No.197 of 2019, on the file of the respondent police, have moved this petition seeking a direction to the learned II Additional District Judge, Tirunelveli 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 Judge, Tirunelveli 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 II Additional District Judge, Tirunelveli. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tirunelveli District.

3.The Inspector of Police, Kalakad Police Station, Tirunelveli District.

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

+1 CC to M/s.P.R.PRITHIVIRAJ, Advocate ( SR-65859[F] dated 15/05/2019 ) sji/rmk Crl.O.P.(MD)No.7168 of 2019 15.05.2019 KM/(21.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/