Madras High CourtCRL OP(MD)/16941/2018disposed of

Chellammal v. The Deputy Superintendent Of

2018-09-24Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.16941 of 2018 1.Chellammal 2.Vembu 3.Ariyammal 4.Mani 5.Manickam ... Petitioners -vs1.The Deputy Superintendent of Police, Manapparai , Trichy District.

2.The State rep.by The Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Trichy District.

(Crime No.350 of 2017) Vellaiyammal (Died) 3.R.Arumugam

...Respondents

Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned I Additional District (PCR) Court, Trichy to accept the surrender and consider the bail application to be filed by the petitioner on the same day on merits in Crime No.350 of 2017 on the file of the respondent police.

For Petitioner: Mr.C.Vakeeswaran For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

This petition has been filed to direct the learned I Additional District (PCR) Court, Trichy, to consider the bail application on same day on their surrender in connection with Crime No.350 of 2017 on the file of the respondent police. https://hcservices.ecourts.gov.in/hcservices/ 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 I Additional District (PCR) Court, Trichy, shall deal with the matter on the same day on merits and in accordance with law.

3.It is seen from the records that this Court while passing the earlier order had given a direction to the court below to issue notice to the victim before considering the bail petition filed by the petitioners. This order was passed on 11.01.2018. 4.The learned counsel for the petitioners would submit that the defacto complainant died on 28.02.2018.

5.In view of the above, the Court below is directed to consider the bail petition on its own merits. 6.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS-II) To 1.The I-Additional District (PCR) Court, Trichy. 2.The Deputy Superintendent of Police, Manapparai , Trichy District.

3.The Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Trichy District.

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

+1 CC To MR.C.VAKEESWARAN, Advocate SR. NO. 85985 CRL.O.P.(MD)No.16941 of 2018 24.09.2018 DAS TR/PM/SAR-II(08.10.2018)2P 6C https://hcservices.ecourts.gov.in/hcservices/