Madras High CourtCRL OP(MD)/8012/2019ordered

Mani, S/O.Gurusamy, 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.8012 of 2019 1.Mani 2.Alagarsamy 3.Alaguraj : Petitioners /Accused Rank not known Vs.

1.State represenated by The Deputy Superintendant of Police, Tiruchuli, Virudhunagar District.

2.The Inspector of Police, M.Reddiapatti Police Station, Virudhunagar District.

(Crime No.72 of 2019) : 1 & 2 Respondents/Complainants 3.Murugan : 3rd Respondent/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned District and Sessions Court for PCR offences Srivilliputhur, Virudhunagar District, to consider of the bail application on the surrender of the petitioners in connection with case in Crime No.72 of 2019 pending investigation on the file of the second respondent police on merits on the same day. For Petitioners : Mr.A.Ananda Raj For Respondents 1 & 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor ******

ORDER

The petitioners seek for a direction to the learned District and Sessions Court for PCR offences, Srivilliputhur, Virudhunagar District, to consider of the bail application on the surrender of the petitioners in connection with case in Crime No.72 of 2019, pending investigation on the file of the second respondent police on merits on the same day.

2. The petitioners are the accused for the offences punishable under Sections 147, 294(b), 323, 506(i) of I.P.C. and r/w 3 (1) (r), 3(1) (s) of SC / ST (Prevention of Atrocities) Amendment Act, 2015, in Crime No.72 of 2019, pending on the file of the 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 surrender before the learned District and Sessions Court for PCR Offences, Srivilliputhur, Virudhunagar, 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 District and Sessions Court for PCR offences Srivilliputhur, Virudhunagar District 2.The Deputy Superintendant of Police, Tiruchuli, Virudhunagar District.

3.The Inspector of Police, M.Reddiapatti Police Station, Virudhunagar District.

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

+1 CC to M/s.A.ANANDA RAJ, Advocate ( SR-67971[F] dated 11/06/2019 ) Order made in CRL.O.P.(MD).No.8012 of 2019 Dated: 11.06.2019 ES/18.06.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/