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Madras High CourtCRL OP(MD)/7987/2019ordered

Vignesh v. The Deputy Superintendent Of

2019-06-11Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.7987 of 2019 Vignesh : Petitioner/Accused No.2 Vs.

1.The Deputy Superintendant of Police, Thiruvidaimaruthur, Thanjavur District.

2.The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

Crime No. 110 of 2019 : Respondents 1 & 2/Complainants 3.Sekar : Respondent 3/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the I Additional District and Sessions Judge (PCR Court) Thanjavur, to accept the surrender of the petitioner and to consider the bail application to be filed by the petitioner on the same day in Crime No.110 of 2019 on the file of the second respondent police.

For Petitioner : Mr.M.R.R.Sivasubramanian For Respondents 1 & 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor ******

ORDER

The petitioner seeks for a direction to the learned I Additional District and Sessions Judge (PCR Court) Thanjavur, to accept the surrender of the petitioner and to consider the bail application to be filed by the petitioner on the same day in Crime No.110 of 2019 on the file of the second respondent police.

2. The petitioner is the second accused for the offences punishable under Sections 341 and 323 of I.P.C and Section 3(1) (r), 3 (1) (s) and 3 (2) (va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities ) Amendment Act, 2015, in Crime No.110 of 2019, pending on the file of the 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 surrender before the learned I Additional District and Sessions Judge (PCR Court) Thanjavur, within a period of two weeks from the date of receipt of a copy of this order 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 (CO) / True Copy / Sub Assistant Registrar(CS- ) tsg To 1.The I Additional District and Sessions Judge (PCR Court), Thanjavur.

2.The Deputy Superintendant of Police, Thiruvidaimaruthur, Thanjavur District.

3.The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

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

+1 CC to M/s.T.A.EBENEZER, Advocate ( SR-67973[F] dated 11/06/2019 ) Order made in CRL.O.P.(MD).No.7987 of 2019 Dated: 11.06.2019 ES/18.06.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/