Madras High CourtCRL OP(MD)/21033/2018disposed of

Muthuraja v. The Deputy Superintendent Of

2018-11-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD)No.21033 of 2018 1.Muthuraja 2.Nallathambi 3.Azhagarsamy 4.Muniyandi 5.Alangaram 6.Mahalingam ... Petitioners(A1 to A6) Vs.

1.The Deputy Superintendent of Police, Aruppukottai, Virudhunagar District.

2.The Inspector of Police, Kariapatti Police Station, Virudhunagar District.

(Crime No.353 of 2018) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned District and Sessions Judge (PCR), Srivilliputhur, Virudhunagar District to consider the bail application of the petitioners on the same day of their surrender in Cr.No.353 of 2018 on the file of the respondent Police i.e. The Inspector of Police, Kariapatti Police Station, Virudhunagar District.

For Petitioners : Mr.D.Shanmugaraja Sethupathi for M.Murali For R1 & R 2 : Mr. A. Robinson, Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the learned District and Sessions Judge (PCR), Srivilliputhur, Virudhunagar District to to consider the bail application of the petitioners on the same day of their surrender in Cr.No.353 of 2018, which is registered for the offence under Sections 147, 323, 506(i) of IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, by the second 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 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 District and Sessions Judge https://hcservices.ecourts.gov.in/hcservices/

(PCR), Srivilliputhur, Virudhunagar District, shall deal and dispose the matter on the same day on merits and in accordance with law.

3.In due compliance of Section 15-A of the SC/ST Act, the petitioners shall serve advance notice of surrender and bail two clear days before the intended date of surrender enclosing additional copies on the Special Public Prosecutor of the concerned Court and the Special Public Prosecutor shall intimate it to the defacto complainant through the respondent police. 4.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 District and Sessions Judge (PCR), Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendent of Police, Aruppukottai, Virudhunagar District.

3.The Inspector of Police, Kariapatti Police Station, Virudhunagar District.

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

• 1 CC TO Mr.M.MURALI , ADVOCATE IN SR No. 97502. GNS DS SKN SAR2 04 12 2018 2P 6C Crl.O.P.(MD)No.21033 of 2018 28.11.2018 https://hcservices.ecourts.gov.in/hcservices/