Madras High CourtCRL OP(MD)/8918/2018ordered

R. Balamurugan, v. The Deputy Superintendent Of

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.8918 of 2018

1. R.Balamurugan

2. M.Manikandan

3. M.Aravinth ... Petitioners Vs.

1. The Deputy Superintendent of Police, Aravakurichi Division, Karur District.

2. The Inspector of Police, Chinnadharapuram Police Station, Karur District.

(Crime No.98 of 2018)

3. Dinakaran ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned District and Sessions Judge, Karur to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.98 of 2018 on the file of the second respondent police. For Petitioners : Mr.K.Balasubramani For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed for a direction to the learned District and Sessions Judge, Karur to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.98 of 2018 on the file of the second respondent police.

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

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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 petitioner is directed to surrender before the learned District and Sessions Judge, Karur within a period of two weeks from the date of receipt of a copy of this order and file a petition for bail and on such surrender, the learned District and Sessions Judge, Karur is directed to consider the bail petition filed by the petitioner in connection with the Crime No.98 of 2018, on the same day, on merits and in accordance with law, after issuing notice to the de-facto complainant/victim 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 District and Sessions Judge, Karur.

2. The Deputy Superintendent of Police, Aravakurichi Division, Karur District.

3. The Inspector of Police, Chinnadharapuram Police Station, Karur District.

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

+ 1 CC TO Mr.K.BALASUBRAMANI, ADVOCATE IN SR No. 66473 AKV TE/JC/SAR-2 : 01/06/2018 : 2P/6C Crl.O.P.(MD)No.8918 of 2018 30.05.2018 https://hcservices.ecourts.gov.in/hcservices/