Madras High CourtCRL OP(MD)/13654/2018disposed of

K. Balakrishnan v. The Deputy Superintendent Of

2018-08-02Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.13654 of 2018 K.Balakrishnan ... Petitioner /Accused No.2 -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/Defacto 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.Samuel Gunasingh for Mr.N.Vignesh For R1 & R2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

Being the reasons stated in the petition, the petitioner was unable to file an application in compliance of the order passed in Crl.O.P.(MD).10526 of 2018 dated 27.06.2018. Therefore, he filed the present Criminal Original Petition before this Court. 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 https://hcservices.ecourts.gov.in/hcservices/

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.

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

4.If any default in filing the application as mentioned above, no further petition will be entertained by this Court. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) 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.76687 CRL.O.P.(MD)No.13654 of 2018 02.08.2018 TM ES/SKN/RSK/SAR 4/28.08.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/