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Madras High CourtCRL OP(MD)/17819/2017closed

Chockalingam, S/O.Muthiah, v. The Inspector Of Police,

2017-12-22Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.17819 of 2017 Chockalingam ... Petitioner -Vs1.State Represented by The Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

(Crime No.695 of 2017).

2.Karuthapandi ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the II Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli to accept the surrender of the petitioner and consider the bail application to be filed by the petitioner on the same day on merits in Crime No.695 of 2017 on the file of the respondent police. For Petitioner : Mr.V.Sasikumar For R-1 : Mr.K.S.Durai Pandian, 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 and Sessions Judge (PCR Court), Tirunelveli, is directed to consider the bail petition filed by the petitioner in connection with Crime No.695 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.

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

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

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

2.-Do-thro' The Principal Sessions Judge, Tirunelveli.

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

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

+ 1 cc TO Mr.V.Sasikumar , Advocate in SR No. 94458 am AE/JC/SAR2/12.01.2018/2P/6C CRL.O.P.(MD)No.17819 of 2017 22.12.2017 https://hcservices.ecourts.gov.in/hcservices/