Madras High CourtCRL OP(MD)/17154/2018disposed of

Nallasamy v. The Superintendent Of Police

2018-09-26Honourable Mr Justice N. Anand Venkatesh2 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.17154 of 2018 1.Nallasamy 2.Karuppusamy 3.Subramani 4.Chellamuthu 5.Natchimuthu ... Petitioners/Accused -vs1.The Superintendent of Police, Karur, Karurr District.

2.The Inspector of Police, Aravakurichi Police Station, Karur District.

(Crime No.385 of 2018) ...Respondents/Complainants 3.Jeyachanthiran ...3rd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Hon'ble Principal Sessions Judge, Karur (Special Court for SC/ST cases-Karur Division) to consider and pass orders on the application for bail of the petitioners in connection with the Crime No.385 of 2018 on the file of the respondent on the very same date of surrender. For Petitioners: Mr.E.K.Kumaresan For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the Hon'ble Principal Sessions Judge, Karur (Special Court for SC/ST cases-Karur Division) to consider and pass orders on the application for bail of the petitioners in connection with the Crime No.385 of 2018 on the file of the respondent on the very same date of surrender.

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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 Sessions Judge, Karur (Special Court for SC/ST cases-Karur Division), 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) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Principal Sessions Judge, Karur , (Special Court for SC/ST cases-Karur Division). 2.The Superintendent of Police, Karur, Karurr District.

3.The Inspector of Police, Aravakurichi Police Station, Karur District.

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

+2CCs TO MR.E.K.KUMARESAN, ADVOCATE IN S.R.NOs.87038,87247. DAS DS RSK SAR-2 03.10.2018 2P/7C CRL.O.P.(MD)No.17154 of 2018 26.09.2018 https://hcservices.ecourts.gov.in/hcservices/