Madras High CourtCRL OP(MD)/16059/2017disposed of

Kumar v. The Deputy Superintendent Of

2017-11-23Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.16059 of 2017 Kumar ... Petitioner/Accused No.2 -Vs1. The State Rep. by its, Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

2. The State Rep by its, The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

(Crime No.352 of 2017).

... Respondents 1 & 2/Complainants 3.Muthumaran ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned II Additional District and Sessions Judge, (PCR Court), Tirunelveli to consider the bail application of the petitioner on the same day of his surrender and to release him on bail on the very same day itself, in connection with the FIR in Crime No.352 of 2017 on the file of the second respondent police.

For Petitioner : Mr.M.S.Jeyakarthik For R-1 & R-2 : Mr.K.S.Duraipandian, 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 II Additional District https://hcservices.ecourts.gov.in/hcservices/

and Sessions Judge(PCR Court), Tirunelveli, is directed to consider the bail petition filed by the petitioner in connection with Crime No.352 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(CS-II) /True Copy/ Sub Assistant Registrar To

1. The II Additional District and Sessions Judge, (PCR Court), Tirunelveli.

2. The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

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

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

+ 1 cc TO Mr.M.S.Jeyakarthik , Advocate in SR No. 89023 am AE/SKN RSK/SAR4/29.11.2017/2P/6C CRL.O.P.(MD)No.16059 of 2017 23.11.2017 https://hcservices.ecourts.gov.in/hcservices/