Madras High CourtCRL OP(MD)/7914/2019ordered

Panner Durai 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.7914 of 2019 1.Panner Durai 2.Balakrishnan : Petitioners Vs.

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

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

Cr.No.155 of 2019.

3.Mr.Muppidathi : Respondents PRAYER: Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Second Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli to accept the surrender of the petitioners and to consider the bail application to be filed by the petitioners on the same day in Cr.No.155 of 2019 on the file of the second respondent police.

For Petitioners : Mr.T.A.Ebenezer For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl. Side) ******

ORDER

The petitioners seek for a direction to the learned Second Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli, to accept their surrender and to consider the bail application to be filed by them on the same day in Cr.No.155 of 2019 on the file of the second respondent police.

2. The petitioners are accused Nos.1 and 2 for the offences punishable under Sections 294(b), 506(ii) IPC and Sections 3(1)(r), 3(1)(s), 3(1)(g), 3(1)(f) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.155 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) Amendment Act, 2015, this Court feels it appropriate to direct the petitioners to appear before the learned Second Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli, 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 Second Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli.

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

3.The Inspector of Police, Kalakad Police Station, Tirunelveli District.

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

1 CC to M/s.T.A.EBENEZER, Advocate SR-67972.

Order made in CRL.O.P.(MD).No.7914 of 2019 10.06.2019 CS: (14/06/2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/