Madras High CourtCRL OP(MD)/12475/2017disposed of

R.Krishna Moorthy v. The Deputy Superintendent Of

2017-09-21Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.12475 of 2017

1. R.Krishna Moorthy

2. K.Saroja

3. Veerusikkammal ... Petitioners/Accused Nos.1 to 3 -Vs1.The Deputy Superintendent of Police, Uthamapalayam Division, Uthamapalayam, Theni District.

2.The Inspector of Police, Gudalur South Police Station, Theni District.

(Crime No.199 of 2017)

3. Kuppusamy ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal Sessions Judge cum Special Judge, PCR Court, Theni, to consider the bail application filed by the petitioners on the same day of surrender in respect of Crime No.199 of 2017 on the file of the second respondent.

For Petitioners : Mr.R.Murali 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 Sessions Judge cum Special Judge, PCR Court, Theni, is directed to consider the bail petition filed by the petitioners in connection with Crime No.199 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 Sessions Judge cum Special Judge, PCR Court, Theni.

2.The Deputy Superintendent of Police, Uthamapalayam Division, Uthamapalayam, Theni District.

3.The Inspector of Police, Gudalur South Police Station, Theni District.

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

+1cc to Mr.R.MURALI Advocate in SR. No. 80475 PMU JS/KP/SAR.1/28.09.2017/2P-6C CRL.O.P.(MD)No.12475 of 2017 21.09.2017 https://hcservices.ecourts.gov.in/hcservices/