Madras High CourtCRL OP(MD)/15877/2017disposed of

O.Karthik Prabaharan, v. The Deputy Superintendent Of

2017-11-21Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.15877 of 2017

1. O.Karthik Prabaharan

2. U.Kulanthaivelu ... Petitioners/Accused Nos.1 & 2 -Vs1.The Deputy Superintendent of Police, Keeranur Sub Division, Pudukottai District.

2.The Inspector of Police, Keeranur Police Station, Pudukottai District.

(Crime No.327 of 2017) ... Respondent Nos.1 & 2/ Complainant

3. S.Varatharaj ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to accept the surrender of the petitioners before the Special Court for S.C./S.T. (Prevention of Atrocities) Act i.e., learned Principal Sessions Judge at Pudukottai, in connection with Crime No.327 of 2017 on the file of the second respondent police and to consider the bail application filed by the petitioners on the same day.

For Petitioners : Mr.R.Venkateshwar 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 Principal Sessions Judge, Special Court for S.C./S.T. (Prevention of Atrocities) Act, Pudukottai, is directed to consider the bail petition filed by the petitioners in connection with Crime No.327 of 2017, on merits and https://hcservices.ecourts.gov.in/hcservices/

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(RECORD) /True Copy/ Sub Assistant Registrar To 1.The Principal Sessions Judge, Special Court for S.C./S.T. (Prevention of Atrocities) Act, Pudukottai.

2.The Deputy Superintendent of Police, Keeranur Sub Division, Pudukottai District.

3.The Inspector of Police, Keeranur Police Station, Pudukottai District.

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

+1cc to Mr.R.VENKATESHWAR Advocate in Sr.No.88612 PMU JS/SKN.RSK/SAR.2/27.11.2017/2P-6C CRL.O.P.(MD)No.15877 of 2017 21.11.2017 https://hcservices.ecourts.gov.in/hcservices/