Madras High CourtCRL OP(MD)/11168/2017disposed of

Vijay v. The Deputy Superintendent Of

2017-08-24Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.11168 of 2017 Vijay ... Petitioner/Accused No.1 -Vs1. State rep. By, The Deputy Superintendent of Police, Samanallur(Sub-Division), Madurai District.

2. The Sub Inspector of Police, Kadupatti Police Station, Madurai District.

(Crime No.253 of 2017) ... Respondents/Complainants

3. Sukanthiam ... Respondent/Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned III Additional Sessions Court(PCR), Madurai, Madurai District, to accept the surrender of the petitioner and to consider the bail application on merits on the date of surrender in Crime No.253 of 2017, on the file of the second respondent police on the very same day. For Petitioners : Mr.M.Pitchai Muthu 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 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 III Additional Sessions Judge(PCR), Madurai, Madurai District, is directed to consider the bail petition filed by the petitioner in connection with Crime No.253 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.

https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To

1. The III Additional Sessions Judge (PCR), Madurai, Madurai District

2. The Deputy Superintendent of Police, Samanallur(Sub-Division), Madurai District.

3. The Sub Inspector of Police, Kadupatti Police Station, Madurai District.

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

+One cc to Mr.M.Pitchai Muthu, Advocate, SR.No.75027 pmu RL/6C/2P/KKR/SAR1/4/9/2017 CRL.O.P.(MD)No.11168 of 2017 24.08.2017 https://hcservices.ecourts.gov.in/hcservices/