Madras High CourtCRL OP(MD)/19893/2018disposed of

Manojakumar v. The Inspector Of Police

2018-11-02Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.19893 of 2018 1.Manojkumar 2.Kathirvelan 3.Santhosh 4.Gowtham 5.Vigneshwaran : Petitioners/Accused No.1 to 5 Vs.

1.The State rep. By its The Inspector of Police, Thiruppalaikudi Police Station, R.S.Mangalam Taluk, Ramanathapuram District.

(In Crime No.95 of 2018) 2.The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

3.Alagar : Respondents PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Principal District and Sessions Court (PCR Court), Ramanathapuram to consider the bail application on the same day on merits which would be filed by the petitioners in Crime No.95 of 2018 on the file of the respondent police. For Petitioner : Mr.G.Kasinathadurai For R1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the learned Principal District and Sessions Court (PCR Court), Ramanathapuram to consider the bail application on the same day on merits which would be filed by the petitioners in Crime No.95 of 2018 on the file of the respondent police.

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 Principal District and Sessions Court (PCR Court), Ramanathapuram, 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.

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS-III) To 1.The Principal District and Sessions Judge (PCR Court), Ramanathapuram 2.The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

3.The Inspector of Police, Thiruppalaikudi Police Station, R.S.Mangalam Taluk, Ramanathapuram District.

(In Crime No.95 of 2018) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.G.Kasinathadurai, Advocate, SR.No.94145 Crl.O.P.[MD].No.19893 of 2018 02.11.2018 TA KK/SKN/SAR-3/22.11.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/