Madras High CourtCRL OP(MD)/14438/2018disposed of

Balamurugan, v. The Assistant Superindent Of

2018-08-14Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.14438 of 2018

1. Balamurugan 2.Selvasankar

3. Kalyani @ Kalyani Sundaram

4. Manthiram @ Manthiramoorthy

5. Ponpandi ... Petitioners/Accused Nos.1 to 5 Vs

1. The Assistant Superintendent of Police Cheranmahadevi Tirunelveli District 2.The Inspector of Police Munneerpallam Police Station Tirunelveli District Crime No.312 of 2018

3. Lenin ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned II Additional District Sessions Judge cum Cum PCR Court, Tirunelveli, Tirunelveli District to consider the bail application of the petitioners in the event of their surrender on the very same date in connection with the crime No.312 of 2018 on the file of the respondent police. For Petitioner : Mr.V.Maharajan For Respondents : Mr.K.Suyambulinga Bharathi No. 1 & 2 Government Advocate (Crl.side)

ORDER

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 second and fourth petitioners are 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 II Additional District and Sessions Judge/ PCR Court, Tirunelveli, Tirunelveli District, shall deal with the matter on the same day on merits and in https://hcservices.ecourts.gov.in/hcservices/

accordance with law, after issuing notice to the victims under Sections 147,294(b),506(ii) of IPC and Section 3(1)(r),3(1)(s), 3(2) (va) of SC/ST Act(Prevention of Atrocities)Amendment Act, 2015. Insofar the petitioners 1,3, and 5 are concerned, petition is dismissed.

2.This criminal Original Petition is disposed of with the above directions.

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

1. The II Additional District and Sessions Judge PCR Court, Tirunelveli, Tirunelveli District

2. The Assistant Superintendent of Police Cheranmahadevi Tirunelveli District 3.The Inspector of Police Munneerpallam Police Station Tirunelveli District

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

+1CC to Mr.V.Maharajan, Advocate, SR.No.78885 CRL.O.P.(MD)No.14438 of 2018 14.08.2018 AAV ES/SKN/SAR 2/27.08.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/