Madras High CourtCRL OP(MD)/16989/2017disposed of

Uthayakumar v. The Deputy Superintendent Of

2017-12-11Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.16989 of 2017 1.Uthayakumar 2.Chandrasekar 3.Rajesh 4.Murugesan ... Petitioners/Accused Nos. 3 to 6 -Vs1. The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District.

2.The Inspector of Police, Uthirakosamangai Police Station, Ramanathapuram District.

(In Crime No.68 of 2017).

... Respondents / Complainant

3. Arasanrai ... Respondent / Defacto Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Ramanathapuram to accept the surrender of the Petitioners / Accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.68 of 2017 on the file of the Respondent No.2 police. For Petitioners : Mr. D. Balamurugapandi For R-1 & R-2 : Mr.K.S. Durai Pandian 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 https://hcservices.ecourts.gov.in/hcservices/

such surrender, the learned District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Ramanathapuram, is directed to consider the bail petition filed by the petitioners in connection with Crime No.68 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(C.O) /True Copy/ Sub-Assistant Registrar To

1. The District and Sessions Court, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Ramanathapuram.

2. The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District.

3. The Inspector of Police, Uthirakosamangai Police Station, Ramanathapuram District.

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

+One cc to Mr.D.Balamuruga Pandi, Advocate, SR.No.92184 pnn/am RL/6C/2P/SV/MMS/SAR1/22/12/2017 CRL.O.P.(MD)No.16989 of 2017 11.12.2017 https://hcservices.ecourts.gov.in/hcservices/