Madras High CourtCRL OP(MD)/8089/2019disposed of

V.Senthilkumar @ Senthil, v. The Deputy Superintendent Of

2019-06-12Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 12.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.8089 of 2019 V.Senthilkumar @ Senthil ... Petitioner/Accused No.2 -Vs1. The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

2. The Sub Inspector of Police, Orathanadu Police Station, Thanjavur District, Crime No.174/2019 ...1st and 2nd Respondents/Complainants

3. R.Geetha ... 3rd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Learned First Additional Sessions Judge, (P.C.R. Court), Thanjavur under the SC/ST Act to accept the surrender of the petitioner in connection with crime No.174/2019, pending investigation on the file of the second respondent police and to consider the petitioner's bail application on the same day of surrender.

For Petitioner :

Mr.T.Palanisamy For R1 and R2 :

Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

The petitioner seeks for a direction to the learned First Additional Sessions Judge, (P.C.R. Court), Thanjavur, to accept his surrender and consider his bail application on the same day on merits relating to Crime No.174 of 2019 on the file of the second respondent police.

2.The petitioner is the second accused for the offences punishable under Sections 294(b), 323, 324, 506(ii) of I.P.C. and Section 3(1) (r), 3 (1) (s), 3 (2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities ) Amendment Act, 2015 in Crime No.174 of 2019, pending on the file of the respondent police and apprehending arrest, he has 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 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 First Additional Sessions Judge, (P.C.R. 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) To 1.The First Additional Sessions Judge, (P.C.R. Court), Thanjavur

2. The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3. The Sub Inspector of Police, Orathanadu Police Station, Thanjavur District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.T.PALANISAMY, Advocate, SR.No.68109 Crl.O.P.(MD)No.8089 of 2019 LS/KSA KK/SAR/17.06.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/