Madras High CourtCRL OP(MD)/10932/2018disposed of

Arjunan @ Suresh v. The Dy.Superintendent Ofpolice

2018-07-03Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.10932 of 2018 Arjunan @ Suresh : Petitioner/ Sole Accused -Vs1.The Deputy Superintendent of Police, Aundipatty, Theni District.

: 1st Respondent / 1st Respondent 2.The Inspector of Police, Kadamalaikundu Police Station, Theni District.

Crime No.344 of 2018 : 2nd Respondent / Complainant 3.Ammavasai : 3rd Respondent/Defacto complainant PRAYER : Petition is filed under Section 482 of the Criminal Procedure Code, to direct the Special Court (The Principal Sessions Judge), Theni to consider the petitioner's bail application and pass orders on the bail application on the same day that may be submitted by the petitioner in Cr.No.344 of 2018 pending on the file of the second respondent before the said Court.

For Petitioner : Mr.D.Malaichamy For R1 and R2 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor.

ORDER

The prayer sought for herein is to direct the Special Court (The Principal Sessions Judge), Theni to consider the petitioner's bail application and pass orders on the bail application on the same day that may be submitted by the petitioner in Cr.No.344 of 2018 pending on the file of the second respondent before the said Court. 2.Today, when the matter is taken up for admission, the learned Additional Public Prosecutor, who takes notice on behalf of the respondents 1 and 2, would submit that the victim has been discharged from the hospital on 20.06.2018.

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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 Principal Sessions Judge, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victim under Section 15 (A) of the SC/ST Act.

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

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To

1. The Principal Sessions Judge, Theni.

2.The Deputy Superintendent of Police, Aundipatty, Theni District.

3.The Inspector of Police, Kadamalaikundu Police Station, Theni District.

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

+1cc to Mr.D.Malaichamy, Advocate, SR.No.11907. CRL.O.P.(MD) No.10932 of 2018 03.07.2018 myr RAM/SB/SAR 2/10.07.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/