Madras High CourtCRL OP(MD)/17905/2018disposed of

Sobaz Joshua@Jobash v. The Assistant Superintendent

2018-10-08Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.17905 of 2018 1.Sobaz Joshua 2.Masilamani ... Petitioners -vs1.The Assistant Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

(Crime No.197 of 2017) 3.Muthukumar

...Respondents

Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the II Additional District & Sessions Judge (P.C.R. Court), Tirunelveli to consider the bail application on same day on the petitioners surrender in connection with crime no.197 of 2018 on the file of the respondent Police. For Petitioners : Mr.R.Mohanasundaram For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the II Additional District & Sessions Judge (P.C.R. Court), Tirunelveli to consider the bail application on same day on the petitioners surrender in connection with crime no.197 of 2018 on the file of the 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 Special Judge shall deal with the matter on the same day on merits and in accordance with law, after issuing https://hcservices.ecourts.gov.in/hcservices/

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(C.O) /True Copy/ Sub Assistant Registrar(CS-I) gns To 1.The II Additional District & Sessions Judge (P.C.R. Court), Tirunelveli.

2.The Assistant Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

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

+1cc to Mr.R.Mohanasundaram, Advocate in SR No.89399 CRL.O.P.(MD)No.17905 of 201 NM/RSK/SAR 1/15.10.18/2P/5C https://hcservices.ecourts.gov.in/hcservices/