Madras High CourtCRL OP(MD)/10292/2017allowed

Haris v. The Deputy Superintendent Of

2017-08-07Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.10292 of 2017 Haris

...Petitioner/Accused No.2

-Vs1.The Deputy Superintendent of Police, Periyakulam, Theni District.

2. State thorough The Inspector of Police, Periyakulam Police Station, Theni District.

(Crime No. 316 of 2017 ) 3.K.Maharajan ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the learned Principal District and Sessions Judge, Theni, to consider and pass orders on the bail application of the petitioner / accused no.2 on the same day in Crime No.316 of 2017 pending on the file of the second respondent Police.

For Petitioner : Mr.R. Rajamohan For RR 1 and 2 : Mr.K.Anbarasan Government Advocate(Crl.Side)

O R D E R

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 District and https://hcservices.ecourts.gov.in/hcservices/ Sessions Judge, Theni, is directed to consider the bail petition

of the petitioner in connection with Crime No.316 of 2017, on merits and in accordance with law, after issuing notice to the defacto complainant / victim, under Section 15 (A) of the SC/ST Act.

2. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge (PCR Court), Theni.

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

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

(Crime No. 316 of 2017 ) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.R. Rajamohan, Advocate SR.No. 70892 CRL.O.P.(MD)No.10292 of 2017 07.08.2017 TRP JM/SV/SAR 2/11.08.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/