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Madras High CourtCRL OP(MD)/7771/2019allowed

A. Santhanakumar v. The Deputy Superintendent Of

2019-06-07Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.7771 of 2019 1.A.Santhanakumar 2.S.Andi ... Petitioners Vs.

1.The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

2.The State rep. by its The Inspector of Police, Thiruchuli Police Station, Thiruchuli - 626 129, Virudhunagar District.

(in Crime No.165/2019) 3.A.Suresh ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Principal District and Session Court (PCR Court), Srivilliputhur, Virudhunagar District to consider the bail application on the same day on merits which would be filed by the petitioners in Crime No.165 of 2019, on the file of the 2nd respondent police.

For Petitioners : Mr.D.Gurusamy For Respondents : Mr.K.Suyambulinga Bharathi Govt. Advocate (Crl. Side) for R1 & R2

O R D E R

The learned Government Advocate (Crl. Side) appearing for the first and second respondents submitted that the petitioners are not having any bad ancients.

2.The petitioners seek for a direction to the learned Principal District Sessions Court (PCR Court), Srivilliputhur, Virudhunagar District, to accept their surrender and consider their bail application on the same day on merits relating to Crime No.165 of 2019 on the file of the second respondent police. 3.The petitioners are the first and second accused for the offences punishable under Sections 294(b) and 323 of I.P.C. and Sections 3 (1) (r) and 3 (1) (s) of the Scheduled Caste and https://hcservices.ecourts.gov.in/hcservices/

Scheduled Tribes (Prevention of Atrocities ) Amendment Act, 2015 in Crime No.165 of 2019, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

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) Amendment Act, 2015, this Court feels it appropriate to direct the petitioners to surrender before the learned Principal District Sessions Court (PCR Court), Srivillipurthur, Virudhunagar District, within a period of two weeks from the date of receipt of a copy of this order and file a bail application and on filing such bail application, 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.This Criminal Original Petition is allowed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS I) To:

1.The Principal District and Session Court (PCR Court), Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

3.The Inspector of Police, Thiruchuli Police Station, Thiruchuli - 626 129, Virudhunagar District.

+1cc to Mr.D.Gurusamy, Advocate, SR.No. 67336 Crl.O.P.(MD)No.7771 of 2019 07.06.2019 IAS KK/SAR I/17.06.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/