Madras High CourtCRL OP(MD)/8343/2019disposed of

T. Gangadaran, v. The Superintendent Of Police,

2019-06-17Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.8343 of 2019 1.T.Gangadaran 2.K.Balu @ Balasubramaniyan 3.M.Deepakraj : Petitioners Vs.

1.The Superintendant of Police, Pudukottai District.

2.The State represented by the Inspector of Police, Panayapatti Police Station, Pudukottai District.

(Crime No.35/2019) 3.Thanush : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the Principal District Court Judge (Special PCR Court), Pudukottai to accept the surrender of the petitioner and consider their bail application on the same day on merits in relating to Crime No.35 of 2019, dated 10.06.2019. For Petitioners : Mr.K.Loganathan For Respondents 1 & 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor ******

ORDER

The petitioners seek for a direction to the learned Principal District Court Judge (Special PCR Court), Pudukottai, to consider the bail application of the above said petitioners / accused on their surrender on the same day on merits.

2. The petitioners are the accused for the offences punishable under Sections 147, 148, 294(b), 323, 324 of I.P.C., r/w. Section 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.35 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 Principal District Court Judge (Special PCR Court), Pudukottai, 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. The petitioners are directed to comply with the provision under Section 15(A)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 5.

The Criminal Original Petition is ordered accordingly.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Principal District Judge, (Special PCR Court), Pudukottai District 2.The Superintendant of Police, Pudukottai District.

3.The Inspector of Police, Panayapatti Police Station, Pudukottai District.

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

akv Order made in CRL.O.P.(MD).No.8343 of 2019 https://hcservices.ecourts.gov.in/hcservices/ 17.06.2019 KM/(28.06.2019) 2P 5C