Madras High CourtCRL OP(MD)/14060/2017disposed of

Sudalaikannu v. The Deputy Superintendent

2017-10-23Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.14060 of 2017

1. Sudalaikannu

2. Duraipandi

3. Subbaiah

4. Muthuramalingam ... Petitioners/Accused Nos.1 to 4 -Vs1. The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

2. State. Rep. Thro' the Inspector of Police, Kalakkad Police Station, Tirunelveli District.

(Crime No.417 of 2017) ... Respondents 1 & 2/Complainants

3. Rajan ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to issue an appropriate action to the learned II Additional District Judge(P.C.R. Court), Tirunelveli, to consider and dispose of the bail application of the petitioners/accused on the same day of surrender in Crime No.417 of 2017 on the file of the respondent police. For Petitioners : Mr.K.Muthmalai 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 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 II Additional District Judge(P.C.R. Court), Tirunelveli, is directed to consider the bail petition filed by the petitioners in connection with Crime No.417 of 2017, on merits and in accordance with law, after https://hcservices.ecourts.gov.in/hcservices/

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 Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

2. The Inspector of Police, Kalakkad Police Station, Tirunelveli District.

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

Copy to:- The Iind Additional District Judge, (PCR Court), Tirunelveli +One cc to Mr.K.Muthumalai, Advocate, SR.No.83117 pmu RL/6C/2P/SKN/RSK/SAR3/31/10/2017 CRL.O.P.(MD)No.14060 of 2017 23.10.2017 https://hcservices.ecourts.gov.in/hcservices/