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Madras High CourtCRL OP(MD)/7907/2019ordered

Justin @ Kattariya 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.7907 of 2019 Justin @ Kattariya : Petitioner Vs.

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

2.The Inspector of Police, Shanarpatti Police Station, Dindigul District.

3.Thangaraj 4.Subash Chandara Bose 5.Sudhakaran : Respondents PRAYER: Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Principal District and Sessions Judge, Dindigul District, to consider the bail application on the day of surrender in Crime No.164 of 2019 on the file of the Deputy Superintendent of Police, Dindigul District, for alleged offences under Sections 294(b), 147, 341, 323, 427, 506(i) IPC and 3(1)(s) of SC/ST(POA) Amendment Act, 2015.

For Petitioner : Mr.K.Gunasekarapandiyan For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl. Side) ******

ORDER

The petitioner seeks for a direction to the learned Principal District and Sessions Judge, Dindigul District, to consider the bail application on the day of surrender in Crime No.164 of 2019 on the file of the Deputy Superintendent of Police, Dindigul District.

2. The petitioner is the fourth accused for the offences punishable under Sections 294(b), 147, 341, 323, 427, 506(i) IPC and 3(1)(s) of SC/ST(POA) Amendment Act, 2015 in Crime No.164 of 2019, pending on the file of the first respondent police and apprehending arrest, he has 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 petitioner 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 petitioner to appear before the learned Principal District and Sessions Judge, Dindigul District and file a bail application and on filing such bail application, the learned Judge is directed to consider the bail application of the petitioner on merits and pass appropriate orders on the same day of his surrender.

5. The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal District and Sessions Judge, Dindigul District.

2.The Deputy Superintendent of Police, Dindigul District.

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

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

+1 CC to Mr.K.Gunasekarapandiyan, Advocate, SR.No.2480. Order made in CRL.O.P.(MD).No.7907 of 2019 Dated:

10.06.2019 CS: (13/06/2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/