Madras High CourtCRL OP(MD)/17521/2017allowed

Sudalai Ganapathy @ Durai v. The Deputy Superintendent Of

2017-12-20Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.17521 of 2017 Sudalai Ganapathy@Durai :Petitioner/Accused Rank not know -Vs1. The State represented by The Deputy Superintendent of Police, Thalaiyoothu, Tirunelveli District.

2. The State represented by The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

(in Crime No.319 of 2017) : 1st and 2nd Respondents / Complainants 3.Velmurugan : 3rd Respondent / Defacto Complainant 4.Sivachandiran :4th Respondent / Inured PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the learned 2nd Additional District and Sessions Judge (PCR Court), Tirunelveli to consider the bail application of the petitioner on the very same day of his surrender and to release him on bail on the very same day itself, in connection with the FIR in Cr.No.319 of 2017 on the file of the second respondent police.

For Petitioner : Mr.S.R.Durairaj For R1 and R2 : 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 https://hcservices.ecourts.gov.in/hcservices/

order and on such surrender, learned 2nd Additional District and Sessions Judge (PCR Court), Tirunelveli, is directed to consider the bail petition filed by the petitioner in connection with Crime No.319 of 2017, on merits and in accordance with law, after issuing notice to the victims under Section 15 (A) of the SC/ST Act.

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

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The 2nd Additional District and Sessions Judge (PCR Court), Tirunelveli.

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

3. The Inspector of Police, Tirunelveli Taluk 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. 94203 cmr AE/KKR/SAR2/04.01.2018/2P/6C CRL.O.P.(MD)No.17521 of 2017 20.12.2017 https://hcservices.ecourts.gov.in/hcservices/