Madras High CourtCRL OP(MD)/13659/2017disposed of

Palanikumar v. The Deputy Superintendent

2017-10-10Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.13659 of 2017 Palanikumar ... Petitioner/Accused rank not known -Vs1. State rep. By, The Deputy Superintendent of Police, Oomachikulam Sub Division, Madurai District.

2. The Inspector of Police, Appanthirupathi Police Station, (Oomachikulam), Madurai District.

(Crime No.41 of 2015) ... Respondents 1&2/Complainant

3. D.Palanirasan ... 3rd 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, (P.C.R.Court), Madurai, under SC/ST Act to consider the bail application on the surrender of the petitioner in connection with Crime No.41 of 2015 pending investigation on the file of the second respondent on merits on the same day.

For Petitioner : Mr.C.Jeyaprakash For R-1 & R-2 : Mr.K.S.Durai Pandiyan, Additional Public Prosecutor.

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

and Sessions Judge, (P.C.R.Court), Madurai, is directed to consider the bail petition filed by the petitioner in connection with Crime No.41 of 2015, 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 (T&P) /True Copy/ Sub Assistant Registrar To

1. The III Additional District and Sessions Judge, (P.C.R.Court), Madurai.

2. The Deputy Superintendent of Police, Oomachikulam Sub Division, Madurai District.

3. The Inspector of Police, Appanthirupathi Police Station, (Oomachikulam), Madurai District.

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

+ 1 CC TO Mr.C.JEYAPRAKASH, ADVOCATE IN SR No. 82249 PMU TE/JC/SAR-I : 20/10/2017 : 2P/6C CRL.O.P.(MD)No.13659 of 2017 10.10.2017 https://hcservices.ecourts.gov.in/hcservices/