Madras High CourtCRL OP(MD)/9000/2017disposed of

Senthil @ Senthil Kumar v. The Deputy Superintendent Of

2017-07-14Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.9000 of 2017 Senthil @ Senthil Kumar : Petitioner/Accused No.9 -Vs1.State represented by The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

2.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

(Crime No.249 / 2015) : Respondents/Complainants 3.Deivendiran : Respondent/Defacto-complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the learned I-Additional District Judge (PCR), Thanjavur, Thanjavur District, to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender in Crime No.249 of 2015, on the file of the 2nd respondent police on the very same day.

For Petitioner : Mr.M.Pitchai Muthu For Respondents 1& 2 : Mr.K.Anbarasan Government Advocate(Crl.Side)

O R D E R

This petition is filed to direct the learned I-Additional District Judge (PCR), Thanjavur, Thanjavur District, to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender in Crime No.249 of 2015, on the file of the 2nd respondent police.

2. It is submitted by the learned Government Advocate (Crl.Side) that after completion of investigation, charge sheet has already been filed and the same is taken up for file as PRC.No.15 of 2017, before the I-Additional District Judge (PCR), Thanjavur, Thanjavur District.

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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 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 I-Additional District Judge (PCR), Thanjavur, Thanjavur District, is directed to consider the bail application of the petitioner in connection with PRC.No.15 of 2017, 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 directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar.

To 1.The I-Additional District Judge (PCR), Thanjavur, Thanjavur District 2.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

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

+1CC to Mr.M.Pitchai Muthu, Advocate, SR.No. 65777 CRL.O.P.(MD)No.9000 of 2017 14.07.2017 das/pji AM/SKN RSK/SAR 3/20.07.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/