Madras High CourtCRL OP(MD)/10915/2017disposed of

Prabhu v. The Deputy Superintendnet Of

2017-08-18Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.10915 of 2017 1.Prabhu 2.Prakash 3.Alagersamy 4.Periyasamy 5.Rajendran ... Petitioners/Accused Nos.1 to 5 -Vs1.The Deputy Superintendent of Police, Umatchikulam Sub Division Office, Madurai.

2.The Inspector of Police, Othakkadai Police Station, Madurai District.

... Respondents / Complainants (In Crime No.349 of 2017) 3.Mahesh ... Respondent/Defacto-Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned III Additional District and Sessions Judge (PCR), Madurai, Madurai District to consider the bail application filed by the petitioners on the same day of their surrender in Crime No.349 of 2017 on the file of the second respondent.

For Petitioners : Mr.Vijaya Sethupathy For R-1 & R-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 III Additional District and Sessions Judge (PCR), Madurai District, is directed to consider the bail petition filed by the petitioners in connection with Crime No.349 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.

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

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The IInd Additional District and Sessions Court (PCR), Madurai 2.The Deputy Superintendent of Police, Umatchikulam Sub Division Office, Madurai.

3.The Inspector of Police, Othakkadai Police Station, Madurai District.

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

+One cc to M/s.Vijaya Sethupathy, Advocate, SR.No.73372 km/pmu RL/6C/2P/MR/KKR/SAR1/29/8/2017 CRL.O.P.(MD)No.10915 of 2017 18.08.2017 https://hcservices.ecourts.gov.in/hcservices/