Madras High CourtCRL OP(MD)/10526/2018ordered

K.Balakrishnan v. The Deputy Superintendent Of

2018-06-27Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.10526 of 2018 K.Balakrishnan ... Petitioner/Accused -Vs1. The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

2. State Rep. by Inspector of Police, Ambasamudram Police Station, Ambasamudram, Tirunelveli District.

(Crime No.146 of 2018) ... Respondents 1 & 2/Complainants 3.M.Sivakumar ... 3rd Respondent/De-facto Complainant 4.S.Mathankumar ...4th Respondent/Victim Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Additional District Judge No.II-cum-PCR Court, Tirunelveli to consider the bail application of the petitioner herein on the same day of surrender pertaining to the Crime No.146/18 on the file of the respondent police Station. For Petitioner : Mr.N.Vignesh For R1 & R2 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor

ORDER

The learned Additional Public Prosecutor on instructions would submit that the injured in this case has already been discharged from the hospital.

2.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 Special Judge 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 the SC/ST Act. https://hcservices.ecourts.gov.in/hcservices/

3. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Additional District Judge No.II-cum-PCR Court, Tirunelveli.

2. The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

3. The Inspector of Police, Ambasamudram Police Station, Ambasamudram, Tirunelveli District.

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

+1CC to Mr.N.Vignesh, Advocate, SR.No.70208 CRL.O.P.(MD)No.10526 of 2018 27.06.2018 AM ES/SKN/RSK/SAR 4/29.06.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/