Madras High CourtCRL OP(MD)/11804/2017disposed of

Mohamed Sarbutheen v. The Deputy Superintendent Of

2017-09-07Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.11804 of 2017

1. Mohamed Sarbutheen

2. Parakkathullah

3. Najibullah ... Petitioners/Accused Nos.1 to 3 -Vs1.The Deputy Superintendent of Police, Periyakulam, Theni District.

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

(In Crime No.361 of 2017) ... Respondents/Complainants

3. Manipal ... Respondent/Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge(PCR Court), Theni District, to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connection with Crime No.361 of 2017 on the file of the respondent.

For Petitioners : Mr.R.Sundar 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 Principal District and Sessions Judge (PCR Court), Theni District, is directed to consider the bail petition filed by the petitioners in connection with Crime No.361 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 direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To 1.The Principal District and Sessions Judge(PCR Court), Theni District.

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

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

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

+1cc to Mr.R.SUNDAR Advocate in SR. No. 77531 PMU JS/RSK/SAR.3/14.09.2017/2P-6C CRL.O.P.(MD)No.11804 of 2017 07.09.2017 https://hcservices.ecourts.gov.in/hcservices/