Madras High CourtCRL OP(MD)/8765/2018ordered

A. Eswara Dass v. The Inspector Of Police

2018-05-30Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.05.2018

CORAM:

THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Crl.O.P.(MD)No.8765 of 2018

1) A.Eswaradass

2) Ranjith Kumar

3) Mahendiran ... Petitioners / Unnamed Accused Vs.

The State rep., by the Inspector of Police, Vadipatti Police Station, Madurai.

(In Crime No.165 of 2018) ... Respondent PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 3rd Additional District and Sessions Court, (Special Court for PCR cases), Madurai to consider the surrender and bail application filed by the petitioners in Crime No.165 of 2018 pending on the file of the respondent police on the same day.

For Petitioners : Mr.Arichandran For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed for a direction to the 3rd Additional District and Sessions Court, (Special Court for PCR cases), Madurai to consider the surrender and bail application filed by the petitioners in Crime No.165 of 2018 pending on the file of the respondent police on the same day.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side).

3. 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 3rd Additional District and Sessions Court, (Special Court for PCR cases), Madurai within a period of two weeks from the date of receipt of a copy of this order and file petitions for bail and on such surrender, the 3rd Additional District and Sessions Court, (Special Court for PCR cases), Madurai is directed to consider the bail petitions filed by https://hcservices.ecourts.gov.in/hcservices/

the petitioners in connection with the Crime No.165 of 2018, on the same day, on merits and in accordance with law, after issuing notice to the de-facto complainant under Section 15 (A) of the SC/ST Act.

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

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To

1) The Inspector of Police, Vadipatti Police Station, Madurai.

(In Crime No.165 of 2018)

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

3) The 3rd Additional District and Sessions Judge, (Special Court for PCR cases), Madurai.

+1CC to Mr.V.Arichandran Advocate in SR.No.66312. STS/SKV DS/JC/SAR-2 :01.06.2018: 2P/5C Order in Crl.O.P.(MD)No.8765 of 2018 30.05.2018 https://hcservices.ecourts.gov.in/hcservices/