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Madras High CourtCRL OP(MD)/8006/2019ordered

Prabu @ Prabakaran, 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.8006 of 2019 Prabu @ Prabakaran : Petitioner / Accused 4 Vs.

1.State represenated by The Deputy Superintendant of Police, Usilampatti Sub Division, Madurai District.

2.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

(Crime No.204 of 2018) : Respondents/Complainants 3.Mathivanan :3rd Respondent/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned III Additional District Judge, Madurai cum P.C.R. Court, Madurai to consider the petitioner bail application and dispose the bail application on the same day, if the petitioner surrender before the learned III Additional District Judge, Madurai cum P.C.R. Court, Madurai in Crime No.204 of 2018, on the file of the respondents.

For Petitioner : Mr.T.Jeyakumar For Respondents 1 & 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor ******

ORDER

The petitioner seeks for a direction to the learned III Additional District Judge, Madurai cum P.C.R. Court, Madurai, 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.204 of 2018, on the file of the respondent police.

2. The petitioner is the fourth accused for the offences punishable under Sections 147, 294(b), 323, 506(i) of I.P.C r/w Section 3 (2) (va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities ) Amendment Act, 2015, in Crime No.204 of 2018, 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 III Additional District Judge, Madurai cum P.C.R. Court, Madurai, 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 III Additional District Judge, Madurai cum P.C.R. Court, Madurai.

2.The Deputy Superintendant of Police, Usilampatti Sub Division, Madurai District.

3.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

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

+1 CC to M/s.T.JEYAKUMAR, Advocate ( SR-68053[F] dated 11/06/2019 ) Order made in CRL.O.P.(MD).No.8006 of 2019 Dated:

11.06.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/18.06.2019/2P/6C