Madras High CourtCRL OP(MD)/7996/2019ordered

S. Mahadevan 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.7996 of 2019 1.S.Mahadevan 2.K.Karikalan 3.K.Radhakrishnan 4.D.Kastro 5.Thinesh : Petitioners/Accused 1 to 5 Vs.

1.The Deputy Superintendant of Police, Orathanadu, Thanjavur.

2.The Inspector of Police, Orathanadu Pollice Station, Thiruvarur District.

(Crime No.190 of 2019) : Respondent/Complainant 3.Ganapathy : Respondents/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 consider the bail application on the same day on the petitioners surrender in connection with Crime No.190 of 2019 on the file of the second respondent police. For Petitioners : Mr.G.Karnan For Respondents 1 & 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor ******

ORDER

The petitioners seek for a direction to the learned I Additional District and Sessions Judge (PCR Court) Thanjavur, to consider the bail application on the same day on the petitioners surrender in connection with Crime No.190 of 2019, on the file of the second respondent police.

2. The petitioners are the accused Nos. 1 to 5 for the offences punishable under Sections 147, 148, 294(b), 448, 324, 343 and 323 of I.P.C. r/w Sections 3 (1) (r), 3 (1) (s) and 3 (2) (va) of SC / ST (Prevention of Atrocities) Act, 1989, in Crime No.190 of 2019, pending on the file of the 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 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 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(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, Orathanadu, Thanjavur.

3.The Inspector of Police, Orathanadu Pollice Station, Thiruvarur District.

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

+1CC TO MR.G.KARNAN, Advocate Sr. No.68094 Order made in CRL.O.P.(MD).No.7996 of 2019 Dated: 11.06.2019 NS(CO) TR (17.06.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/