Madras High CourtCRL OP(MD)/21091/2018disposed of

Senthil v. The Sub Inspector Of Police

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.21091 of 2018 1.Senthil 2.Subash 3.Pattumari @ Karthick 4.Gurunathan ... Petitioners Vs.

1.The State rep by Sub Inspector of Police, Balamedu Police Station, Madurai District.

(Crime No.210 of 2018) 2.Sundar Raj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned III Additional District Judge (PCR Cases) Madurai to accept the surrender of the petitioners and to consider the bail application on the same day in accordance with law in connection with Crime No.210 of 2018 on the file of the Sub Inspector of Police, Balamedu Police Station, Madurai District. For Petitioner : Mr.S.Alagusundar For R1 : Mr. A. Robinson, Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to direct the learned III Additional District Judge (PCR Cases), Madurai to consider the bail application of the petitioners on the same day of their surrender in Cr.No. 210 of 2018, which is registered for the offence under Sections 147, 294(B), 323 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 first 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 III Additional District Judge (PCR Cases), Madurai, shall deal and dispose the matter on the same day on merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/

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 III Additional District Judge (PCR Cases), Madurai.

2.The Sub Inspector of Police, Balamedu Police Station, Madurai District.

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

+1CC to Mr.S.Alagusundar, Advocate, SR.No. 97261 Crl.O.P.(MD)No.21091 of 2018 28.11.2018 GNS ES/SKN/RSK/SAR 2/10.12.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/