Madras High CourtCRL OP(MD)/10869/2018disposed of

Ganesan v. The Dy.Superintendent Ofpolice

2018-07-02Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.10869 of 2018 1.Ganesan 2.Sakthivel 3.Mounam ... Petitioners / Accused Rank not known vs.

1. The State represented by, The Deputy Superintendent of Police Ottanchanthram Sub Division, Ottanchanthram, Dindigul District.

2.The Inspector of Police Sempatti Police Station Sempatti, Dindigul District.

... Respondents 1 & 2 / Complainant 3.S.Karuppaiah 4.Ramuthai 5.Jayapal ... Respondents 3,4 &5 / De facto Complainant PRAYER: Criminal original petition filed, under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge, Dindigul District to consider and dispose of the bail application to be filed by the petitioners on the same day of its filing in connection with the case in Crime No.153 of 2018 on the file of the Inspector of Police, Sempatti Police Station, Dindigul District.

For Petitioners :

M r.S.Abdulrahuman For Respondents 1 &2 :

Mr.K K.Ramakrishnan Additional Public Prosecutor

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent - Police for the offences punishable under Sections 147, 148, 294(b), 324, 427, 506(ii) I.P.C., r/w Sections 3(1)(r),

3(1) (s) and 3 (2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.153 of 2018, on the file of the second respondent, have moved this criminal original petition seeking for a direction to the learned Principal District and Sessions Judge, Dindigul District, to consider their bail application on the same day of their surrender.

2. The learned Additional Public Prosecutor appearing for the State on instructions, would submit that the injured have been discharged from the hospital.

3. Heard both sides and perused the records.

4. In view of the amendments made in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court is of the view that the usual directions, which were issued by this Court cannot be issued routinely in all cases. Therefore, the petitioners are directed to surrender before the learned Principal District and Sessions Judge, Dindigul District, 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, Dindigul District, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15(A) of SC/ST Act.

5. The criminal original petition is disposed of with the above directions.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge, Dindigul District.

2. The Deputy Superintendent of Police, Ottanchanthram Sub Division, Ottanchanthram, Dindigul District.

3. The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District.

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

+ 1 cc TO Mr.S.Abdul Rahuman , Advocate in SR No. 70947 PJL AE/SV/SAR4/09.07.2018/3P/6C Crl.O.P.(MD) No.10869 of 2018 02.07.2018