Chandrakumar v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CRL MP(MD) No.9816 of 2017 IN CRL OP(MD) No.12914 of 2017 CHANDRAKUMAR ... PETITIONER/RESPONDENT NO.3 Vs 1 THE ASSISTANT COMMISSIONER OF POLICE, PALAKARAI, TRICHY 2 THE INSPECTOR OF POLICE KOTTAI POLICE STATION, TRICHY DISTRICT.

...RESPONDENTS/RESPONDENTS NO.1&2 3 D.SUGANTHI 4 T.SUNDARAMOORTHY 5 D.MOHANRAJ @ MOHAN 6 T.ILAYARASAN ... RESPONDENTS/PETITIONERS 1TO 4 Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to recall the order in Crl.O.P.No.12914/2017 dated 27/09/2017 passed by this Honourable Court and set-aside the same with costs. Prayer in CRL OP(MD). 12914/ 2017 :

To pass an order directing the learned 1st Additional District Judge (Special Court for PCR Cases), Trichy to accept the surrender of these petitioners in connection with Cr.NO.721/2017 pending on the file of the 2nd respondent to pass order on the same day in their bail application on merits .

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. R. VENKATESAN, Advocate for the petitioner and of MR.A.RAMAR, Additional Public Prosecutor for the Respondents 1 & 2 the court made the following order:- This petition is filed to recall the order in Crl.O.P.(MD) No.12914 of 2017, dated 27.09.2017 passed by this Court and to set aside the same with costs.

2. Though several grounds are raised in this petition, the fact that the order, dated 27.09.2017 in Crl.O.P.No.12914 of 2017 was https://hcservices.ecourts.gov.in/hcservices/

passed without issuing notice to the petitioners in this petition is not in dispute.

3. This Court is of the view that Section 15 A(5) of S.C. and S.T.(POA) Act, 2015, specifically, provides for Statutory Notice to the victim in all the cases whenever a petition is heard before any Court regarding grant of Bail, Anticipatory Bail and other directions in cases in relation to offences under Special Enactment.

4. Hence the petition to recall the order, dated 27.09.2017, in Crl.O.P.No.12914 of 2017 is allowed.

5.Post the matter for hearing both sides on 28.11.2017. In the meanwhile the petitioners shall not be harassed. sd/- 15/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pmu TO 1 THE I ADDITIONAL DISTRICT JUDGE, (SPECIAL COURT FOR PCR CASES), TRICHY.

2 THE ASSISTANT COMMISSIONER OF POLICE, PALAKARAI, TRICHY 3 THE INSPECTOR OF POLICE, KOTTAI POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM/RR/SAR-I-27.11.2017-2P-5C

ORDER

IN CRL MP(MD) No.9816 of 2017 IN CRL OP(MD) No.12914 of 2017 Date :15/11/2017 https://hcservices.ecourts.gov.in/hcservices/