Madras High CourtCRL OP(MD)/15701/2017disposed of

Muthukumar, v. The Deputy Superintendent Of

2017-11-17Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.15701 of 2017

1. Muthukumar

2. Muthuvairam ... Petitioners/Accused (Rank not known) -Vs1. The Deputy Superintendent of Police, Tenkasi Division, Tenkasi District.

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

(Crime No.325 of 2015) ... Respondents/Complainants

3. Murugan ...3rd Respondent/Defacto Complainant

4. Lakshmi ... 4th Respondent/Injured PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned III Additional District and Sessions Judge(Special Court for PCR Cases), Tirunelveli, to consider their bail application on the same day of their surrender in respect of Crime No.325 of 2015 on the file of the second respondent, pending investigation. For Petitioners : Mr.D.Venkatesh For R-1 & R-2 : Mr.A.Ramar, Additional Public Prosecutor.

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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 III Additional District and Sessions Judge(Special Court for PCR Cases), Tirunelveli, is directed to consider the bail petition filed by the petitioners in connection with Crime No.325 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.

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

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The III Additional District and Sessions Judge, (Special Court for PCR Cases), Tirunelveli 2.The Deputy Superintendent of Police, Tenkasi Division, Tenkasi District.

3.The Inspector of Police, Tenkasi Police Station, Tirunelveli District.

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

+One cc to Mr.D.Venkatesh, Advocate, SR.No.87931 pmu RL/6C/2P/SKN/RSK/SAR3/23/11/2017 CRL.O.P.(MD)No.15701 of 2017 17.11.2017 https://hcservices.ecourts.gov.in/hcservices/