Madras High CourtCRL OP(MD)/8738/2018ordered

Balachandar v. The Deputy Superintendent Of

2018-05-23Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.05.2018

CORAM

THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI Crl.O.P.(MD) No.8738 of 2018 1.Balachandar 2.Kalidass ... Petitioners/ Accused Nos.1 and 2 -Vs1.State rep by The Deputy Superintendent of Police, Alangudi Circle, Pudukkottai District.

2.The Inspector of Police, Karambakudi Police Station, Karambakudi, Pudukkottai District.

(Crime No.84 of 2018) ... Respondents No.1 and 2 / Complainants 3.Chandiran

...Respondent No.3 / Defacto complainant

PRAYER : Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Principal District and Sessions Judge cum PCR Court, Pudukkottai to consider the bail application of the petitioners in Crime No.84 of 2018 on the file of second respondent Police on the same date of surrender and dispose the same on its merits in accordance with law.

For Petitioners :

Mr.S.Karthick Subramanian For R1 & R2 :

Ms.M.Anantha Devi , Government Advocate(Crl.side)

O R D E R

This petition has been filed by the petitioners to direct the Principal District and Sessions Judge cum PCR Court, Pudukkottai to consider the bail application of the petitioners in Crime No.84 of 2018 on the file of second respondent Police on the same date of surrender and dispose the same on its merits in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 2.Ms.M.Anantha Devi, learned Government Advocate(Crl.side) takes notice for the respondents 1 and 2.

3.Heard, the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the State. 4.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 such surrender, the learned Principal District and Sessions Judge cum PCR Court, Pudukkottai is directed to consider the bail petition filed by the petitioners on the same day in connection with Crime No. 84 of 2018, on merits and in accordance with law, after issuing notice to the victims under Section 15 (A) of the SC/ST Act.

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

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge cum PCR Court, Pudukkottai.

2.The Deputy Superintendent of Police, Alangudi Circle, Pudukkottai District.

3.The Inspector of Police, Karambakudi Police Station, Karambakudi, Pudukkottai District.

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

5. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) Crl.O.P.(MD) No.8738 of 2018 23.05.2018 MSA/IS https://hcservices.ecourts.gov.in/hcservices/ RAM/RSK SKN/SAR 3/24.05.2018/2P/7C