Madras High CourtCRL OP(MD)/17167/2018disposed of

Chinnathambi v. The Deputy Superintendent Of

2018-09-26Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.17167 of 2018 (*)1.Chinnathambi @ Chinnasamy 2.Subramani 3.Karuppasamy (*)4.Muthammal @ Muthathal (*)5.Uma @ Uma Rani 6.Thirumal 7.Ramaraj (*)8.Ravi @ Ravikumar @ Ravindran ... Petitioners/Accused No.1 to 8 -vs1.The Deputy Superintendent of Police, 2.State represented by The Inspector of Police, Taluk Police Station, (Crime No.61 of 2016) ... Respondents/Complainant 3.Nachammal ... Respondent/Defacto Complainant 4.Marutharaj

...Respondent/Victim

Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge(PCR Court), Dindigul to consider the bail application of the petitioners/accused to be filed in Cr.No.61 of 2016 on the file of the 2nd respondent police and to accept their surrender on the same day on merits.

For Petitioners : Mr.R.Jegadeeswaran For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the learned Principal District and Sessions Judge(PCR Court), Dindigul to consider the bail application of the petitioners/accused to be filed in Cr.No.61 of 2016 on the file of the 2nd respondent police and to accept their surrender on the same day on merits. 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 Principal District and Sessions Judge(PCR Court), Dindigul, 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 (CS-III) Dated: 04.10.2018 (*)Amended as per order of this Hon'ble Court made in Crl.M.P.8344/2018 vide order dated 23.10.2018 Sd/- Assistant Registrar (CS-III) Dated: 29.10.2018 // True Copy // Sub Assistant Registrar(CS-I) To (*)TO BE SUBSTITUTED THE ORDER ALREADY DESPATCHED ON 05.10.2018 1.The Principal District and Sessions Judge(PCR Court), Dindigul.

2.The Deputy Superintendent of Police,

3.The Inspector of Police, Taluk Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC To MR.R.JEGADEESWARAN, Advocate SR. NO. 86888 CRL.O.P.(MD)No.17167 of 2018 26.09.2018 DAS TR/SV/SAR-I(04.10.2018)2P 6C TR/SV/SAR-I(29.10.2018)2P 6C