Madras High CourtCRL OP(MD)/1868/2017dismissed

Ayyasamy v. State Rep Through

2017-02-21Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1868 of 2017

1. Ayyasamy

2. Magesh

3. Rajalingam ... Petitioners/Accused 2 to 4 -VsState Rep. through The Inspector of Police, Suchindram Police Station, Kanyakumari District.

(Crime No.674/2014) ... Respondents/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned II Additional District & Sessions Judge, PCR Court, Tirunelveli to consider the bail application of the petitioner / accused Nos.2 to 4 in Crime No.674 of 2014 on the file of the Respondent police at the moment of surrender on the same day.

For Petitioner : Mr.S.R.Sathan Boopathy For Respondents: Mr.K.V.Rajarajan, Government Advocate (Criminal side)

O R D E R

Heard both sides.

2.The petitioner has come forward with this Criminal Original Petition seeking a direction to the learned II Additional District & Sessions Judge, PCR Court, Tirunelveli to consider the bail application of the petitioners / accused Nos.2 to 4 in Crime No.674 of 2014 on the file of the Respondent police at the moment of surrender on the same day.

3.Heard the learned Government Advocate (Criminal Side). 4.On a perusal of the copy of the F.I.R in Cr.No.674 of 2014, it is seen that one of the offences alleged to have been committed is under Section 3(1)(r), 3(1)(s), 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014. Admittedly, for the SC & ST Act, the Deputy Superintendent of Police of the concerned District is the Investigating Officer. But in the present case, the concerned Deputy Superintendent of Police is not added as a party. https://hcservices.ecourts.gov.in/hcservices/ 5.Since Deputy Superintendent of Police of the concerned

District is not added as a party in this petition, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1.The II Additional District & Sessions Judge, PCR Court, Tirunelveli 2.The Inspector of Police, Suchindram Police Station, Kanyakumari District.

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

+1cc to Mr.SATHAN BOOPATHY Advocate in SR. No.9446 JS/JM/SAR.1/24.02.2017/2P5C Crl.O.P.(MD) No.1868 of 2017 21.02.2017 https://hcservices.ecourts.gov.in/hcservices/