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Madras High CourtCRL OP(MD)/7946/2019ordered

Manthiram, 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.7946 of 2019 1.Manthiram 2.Raja @ Rajkumar 3.Saravanan : Petitioners Vs.

1.The Deputy Superintendent of Police, Sathankulam Sub Division, Thoothukudi District.

2.The State, Rep. by Inspector of Police, Nazareth Police Station, Thoothukudi District.

(Crime No.80 of 2019).

3.Someshwaran : Respondents PRAYER: Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Second Additional District Judge -cumPCR Court, Tirunelveli, to dispose the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned court in pending investigation of Crime No.80 of 2019 on the file of the respondent police. For Petitioners : Mr.G.Thalaimutharasu 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 Judge -cum- PCR Court, Tirunelveli, to dispose the bail application filed by the petitioners on merits on the same day of their surrender in respect of the case registered in Crime No.80 of 2019 on the file of the respondent police.

2. The petitioners are accused Nos.1 to 3 for the offences punishable under Sections 294(b), 323, 506(ii) IPC and Sections 3(1) (r), 3(1)(s), 3(2)(v)(a) of SC/ST (POA) Act, 1989, in Crime No.80 of 2019, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition. https://hcservices.ecourts.gov.in/hcservices/

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) Act, 1989, this Court feels it appropriate to direct the petitioners to appear before the learned Second Additional District Judge -cumPCR Court, 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 Judge -cum- PCR Court, Tirunelveli.

2.The Deputy Superintendent of Police, Sathankulam Sub Division, Thoothukudi District.

3.The Inspector of Police, Nazareth Police Station, Thoothukudi District.

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

+1 CC to M/s.G.THALAIMUTHARASU, Advocate SR-67966. Order made in CRL.O.P.(MD).No.7946 of 2019 Dated:

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