Ganesan vs The State Represented By on 2 July, 2018

[Cites 12, Cited by 0]

Madras High Court

Ganesan vs The State Represented By on 2 July, 2018

Equivalent citations: AIRONLINE 2018 MAD 904

Bench: D.Krishnakumar

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 02.07.2018  

CORAM   

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR             

Crl.O.P.(MD) No.10869 of 2018 

1.Ganesan  
2.Sakthivel
3.Mounam                                                   ...  Petitioners / Accused
Rank not known  
                                                                

vs.

1.The State represented by,
   The Deputy Superintendent of Police
   Ottanchanthram Sub Division,
   Ottanchanthram,
   Dindigul District.                                   

2.The Inspector of Police
   Sempatti Police Station
   Sempatti,
   Dindigul District.                                   ...  Respondents 1 & 2 /
                                                                       Complainant

3.S.Karuppaiah 

4.Ramuthai 

5.Jayapal                                           ...  Respondents 3,4 &5 /
                                                                       De facto Complainant


PRAYER: Criminal original petition filed, under Section 482 Cr.P.C., to
direct the learned Principal District and Sessions Judge, Dindigul District
to consider and dispose of the bail application to be filed by the
petitioners on the same day of its filing in connection with the case in
Crime No.153 of 2018 on the file of the Inspector of Police, Sempatti Police
Station, Dindigul District.

!For Petitioners             :  M r.S.Abdulrahuman

For Respondents 1 &2    :       Mr.K K.Ramakrishnan  
                        Additional Public Prosecutor

:ORDER

The petitioners, who apprehend arrest at the hands of the respondent - Police for the offences punishable under Sections 147, 148, 294(b), 324, 427, 506(ii) I.P.C., r/w Sections 3(1)(r), 3(1) (s) and 3 (2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.153 of 2018, on the file of the second respondent, have moved this criminal original petition seeking for a direction to the learned Principal District and Sessions Judge, Dindigul District, to consider their bail application on the same day of their surrender.

2. The learned Additional Public Prosecutor appearing for the State on instructions, would submit that the injured have been discharged from the hospital.

3. Heard both sides and perused the records.

4. In view of the amendments made in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court is of the view that the usual directions, which were issued by this Court cannot be issued routinely in all cases. Therefore, the petitioners are directed to surrender before the learned Principal District and Sessions Judge, Dindigul District, 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, Dindigul District, 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 SC/ST Act.

5. The criminal original petition is disposed of with the above directions.

1.The Principal District and Sessions Judge, Dindigul District.

2.The Deputy Superintendent of Police, Ottanchanthram Sub Division, Ottanchanthram, Dindigul District.

3.The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District.

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

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