Madras High CourtCRL OP(MD)/7720/2019ordered

Selvi, v. The Deputy Superintendent Of

2019-06-06Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL OP(MD).No. 7720 of 2019 1.Selvi 2.Sankari @ Sankaraammal :Petitioners Vs.

1. The Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District.

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

(Crime No.167/2019) :Respondents 1 @ 2/ Complainants 3.Bharathi :3rd Respondent / De-facto Complainant PRAYER: This Petition filed under Section 482 of Criminal Procedure Code to direct the II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider their bali application on the same day of their surrender in respect of Crime No.167 of 2019 on the file of the 2nd respondent, pending investigation.

For Petitioners : Mr.D. Venkatesh For Respondents 1 & 2 : Mr. K. Suyambulinga Bharathi Government Advocate (Crl. Side) ***

ORDER

The petitioner seeks for a direction to the learned II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider their bail application on the same day of their surrender in respect of Crime No.167 of 2019 pending on the file of the 2nd respondent, police.

2. The petitioners are accused for offences punishable under Sections 294(b), 323 IPC and Section 3(1)(r), 3(1)(s), 3(1) (g), 3(1)(f) and 3(2)(Va) of SC/ST (Prevention of Atrocities) Amendment ordinance Act, 2015, in Crime No. 167 of 2019, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

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3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. Considering the nature of offences alleged against the petitioners and also considering the fact that anticipatory bail cannot be granted in respect of offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court feels it appropriate to direct the petitioners to appear before the learned II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli, and file a bail application and on such filing the bail petition, the learned Judge is directed to consider the bail application of the petitioners on merits and pass appropriate orders on the same day of their surrender.

5. The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar (C.O)) // True Copy // Sub Assistant Registrar(CS ) To 1.The II Additional District and Sessions Judge, Special Court for PCR Cases, Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District.

3. The Inspector of Police, Kalakkad Police Station, District. (Crime No.167/2019)

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

+1 CC to Mr.D.VENKATESH, Advocate SR-67276.

CRL OP(MD).No. 7720 of 2019 06.06.2019 CS: (17/06/2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/