Madras High CourtCRL OP(MD)/7871/2019ordered

Vengadachalam v. The Deputy Superintendent Of

2019-06-10Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.7871 of 2019 1.Vengadachalam 2.Suresh 3.Saravanan 4.Selva @ Selvaraj 5.Mukkan 6.Subbiah 7.Logambal 8.Pandiselvi 9.Chellapappu 10.Nagu @ Nagammal : Petitioners Vs.

1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Musiri, Trichy District.

2.The Inspector of Police, Thuraiyur Police Station, Trichy District.

(Ref.Crime No.140/2019).

3.Natarajan : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to direct the learned First Additional District Judge (PCR), Tiruchirappalli, to consider the bail application of the petitioners on the same day of their surrender in Cr.No.140 of 2019 on the file of the second respondent police i.e., the Inspector of Police, Thuraiyur Police Station, Tiruchirappalli District. For Petitioners : Mr.D.Shanmugaraja Sethupathi For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl. Side) ******

ORDER

The petitioners seek for a direction to the learned First Additional District Judge (PCR), Tiruchirappalli, to consider their bail application on the same day of their surrender in Cr.No.140 of 2019 on the file of the second respondent police.

2. The petitioners are the accused Nos.1 to 10 for the offences punishable under Sections 147, 294(b), 323, 324, 506(ii) of the Indian Penal Code and Sections 3(1)(r) and 3(2)(va) of the https://hcservices.ecourts.gov.in/hcservices/

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.140 of 2019, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

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) Amendment Act, 2015, this Court feels it appropriate to direct the petitioners to surrender before the learned First Additional District Judge (PCR), Tiruchirappalli, 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. The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The First Additional District Judge (PCR), Tiruchirappalli.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Musiri, Trichy District.

3.The Inspector of Police, Thuraiyur Police Station, Trichy District.

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

+1 CC to Mr.D.SHANMUGARAJA SETHUPATHI, Advocate SR-68024. Order made in CRL.O.P.(MD).No.7871 of 2019 Dated:

10.06.2019 CS: (14/06/2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/