Madras High CourtCRL OP(MD)/7898/2019ordered

Elangovan 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.7898 of 2019 1.Elangovan 2.Vaiyali 3.Dhanalakshmi 4.Muthukanni 5.Suresh : Petitioners Vs.

1.The Deputy Superintendent of Police, Jeeyapuram, Trichy District.

2.The Inspector of Police, All Women Police Station, Jeeyapuram, Trichy District.

(Crime No.4 of 2019).

3.Radha : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to direct the learned First Additional District and Sessions Judge (PCR Court), Trichy, to consider the petitioners' bail application on the same day of their surrender in Crime No.4 of 2019 on the file of the Inspector of Police, All Women Police Station, Jeeyapuram, Trichy District.

For Petitioners : Mr.T.Lenin Kumar 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 and Sessions Judge (PCR Court), Trichy, to consider their bail application on the same day of their surrender in Crime No.4 of 2019 on the file of the Inspector of Police, All Women Police Station, Jeeyapuram, Trichy District.

2. The petitioners are the accused Nos.1 to 5 for the offences punishable under Sections 294(b), 313, 147 of the Indian Penal Code r/w 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes https://hcservices.ecourts.gov.in/hcservices/

and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989, in Crime No.4 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, 1989, this Court feels it appropriate to direct the petitioners to appear before the learned First Additional District and Sessions Judge (PCR Court), Trichy, 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 and Sessions Judge (PCR Court), Trichy.

2.The Deputy Superintendent of Police, Jeeyapuram, Trichy District.

3.The Inspector of Police, All Women Police Station, Jeeyapuram, Trichy District.

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

+1 CC to Mr.T.LENIN KUMAR, Advocate SR-67783. Order made in CRL.O.P.(MD).No.7898 of 2019 Dated:

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