Madras High CourtCRL OP(MD)/7234/2019ordered

Eswaran v. The Deputy Superintendent Of

2019-05-16Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2019

CORAM:

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.OP(MD)No.7234 of 2019 1.Eswaran 2.Arunkumar 3.Prakash 4.Ramathass 5.Alagarsamy 6.Alaguraja 7.Selvaraj ... Petitioner/Accused Nos.3 to 9 -vs1.The Deputy Superintendent of Police, Andipatti, Theni District.

2.The Inspector of Police, Andipatti Police Station, Theni District.

(Crime No.191 of 2019) ... Respondents 1 & 2 / Complainants 3.Chinnakalai ... 3rd Respondent / De-facto Complainant Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge, (PCR Court) Cases, Theni District to grant bail to the petitioners on the very same day of their surrender in connection with the case in Crime No.191 of 2019 on the file of the second respondent police.

For Petitioners : Mr.C.Jeganathan for M/s.Veera Associates For R.1 & R.2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

The petitioners, who apprehend arrest for the offences punishable under Sections 147, 148, 294(b), 324 IPC and Sections 3 (1)(r), 3(1)(s) and 3(2)(va) of SC & ST (Prevention of Atrocities) Act in Crime No.191 of 2019 on the file of the respondent police, has moved this petition seeking a direction to the learned Principal District and Sessions Judge, (PCR Court) Cases, Theni District to consider the bail application of the petitioners on the same day of their surrender.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned Counsel for the petitioner and Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor

appearing for the State.

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 Principal District and Sessions Judge, (PCR Court) Cases, Theni District 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 District and Sessions Judge, (PCR Court) Cases, Theni District.

2.The Deputy Superintendent of Police, Andipatti, Theni District.

3.The Inspector of Police, Andipatti Police Station, Theni District.

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

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-66134[F] dated 20/05/2019 ) myr CRL.OP(MD)No.7234 of 2019 16.05.2019 KM/(21.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/