Pitchaiah Aia Ulli v. The Deputy Superintendent Of

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.10332 of 2017 Pitchaiah alias Ulli .. Petitioner/Accused No.2 -Vs1. The Deputy Superintendent of Police, Cheranmahadevi Taluk, Thirunelveli District. .. Respondent No.1

2. The Inspector of Police, Cheranmahadevi Police Station, Thirunelveli District.

(Crime No. 75 of 2016 ) .. Respondent No.2

3. Nambirajan .. Respondent No.3/Defacto Complainant PRAYER: This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the learned II Additional and Sessions Judge (Special Court for PCR Act cases), Thirunelveli, to consider the bail application filed by the petitioner on the same day, if the petitioner surrender before the surrender before the learned II Additional and Sessions Judge (Special Court for PCR Act Cases), Thirunelveli in case Crime No.75 of 2016 dated 13.05.2016 on the file of the second respondent Police.

For Petitioner : Mr.R.Vinothbharathi 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, learned II Additional and Sessions Judge (Special Court for PCR Act cases), Thirunelveli, is directed to consider the bail petition of the petitioner in connection with Crime No.75 of 2016, on merits and in accordance with law, after issuing notice to https://hcservices.ecourts.gov.in/hcservices/

the de-facto 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 (T&P) /True Copy/ Sub Assistant Registrar To

1. The II Additional and Sessions Judge (Special Court for PCR Act cases), Thirunelveli,

2. The Deputy Superintendent of Police, Cheranmahadevi Taluk, Thirunelveli District.

3. The Inspector of Police, Cheranmahadevi Police Station, Thirunelveli District.

(Crime No. 75 of 2016)

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

+ 1 CC TO M/s.R.VINOTHBHARATHI, ADVOCATE IN SR No. 70722 TRP TE/SKN-RSK/SAR-IV : 11/08/2017 : 2P/6C CRL.O.P.(MD)No.10332 of 2017 07.08.2017 https://hcservices.ecourts.gov.in/hcservices/