Madras High CourtCRL OP(MD)/10295/2017ordered

Muthukumar 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.10295 of 2017

1. Muthukumar

2. Natarjan

...Petitioners/Accused Nos.1 & 2

-Vs1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sirkazhi Sub Division, Nagapattinam District.

2. The Inspector of Police, Sirkazhi Police Station, Nagapattinam District.

(Crime No. 198 of 2015 )

3. Kaliyamoorthy ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the learned 1st Additional District and Sessions Judge (PCR Court), Thanjavur, to consider their bail application to be filed by the petitioners on their surrender in Crime No.198 of 2015 on the file of the second respondent Police on the same day on merits.

For Petitioner : Mr.K.M. Karunakaran 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 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 1st Additional District and Sessions Judge (PCR Court), Thanjavur, is directed to consider the bail petition of the petitioners in connection with Crime No.198 of 2015, on merits and in accordance with law, after issuing notice to the de-facto complainant/victim, under Section 15 (A) of the SC/ST Act. https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar(Protocol) /True Copy/ Sub Assistant Registrar To

1. The learned 1st Additional District and Sessions Judge (PCR Court), Thanjavur, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sirkazhi Sub Division, Nagapattinam District.

3. The Inspector of Police, Sirkazhi Police Station, Nagapattinam District.

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

+1cc to MR.K.M.Karunakaran, Advocate in SR.No.70862 trp AE/SV AAM/SAR3/10.08.2017/2P/6C CRL.O.P.(MD)No.10295 of 2017 07.08.2017 https://hcservices.ecourts.gov.in/hcservices/