Madras High CourtCRL OP(MD)/8347/2019disposed of

Vinoth Kumar v. The Deputy Superintendent Of

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.8347 of 2019 (*)Vinoth : Petitioner/Accused Vs.

1.The Deputy Superintendent of Police, Alangudi, Pudukottai District. :1st Respondent/Investigation Officer 2.The Inspector of Police, Karampakkudi Police Station, Pudukottai District. :2nd Respondent/Complainant 3.Jeevanandham :3rd Respondent/Defacto Complainant 4.Suresh :4th Respondent/Victim PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct (*)the Principal Sessions Judge cum PCR Court, Pudukkottai to consider the bail application of the petitioner in Crime No.88 of 2019 on the same date of surrender and dispose the same on its merits and in accordance with law. For Petitioner : Mr.R.Maheswaran For Respondents 1 & 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor ******

ORDER

The petitioner seeks for a direction to the District Court, Sivagangai (Special Court for SC/ST Act Cases, PCR), to consider the bail application of the above said petitioner / accused on his surrender on the same day on merits.

2. The petitioner is the accused for the offences punishable under Sections 147, 148, 341, 323, 354, 506(i) of I.P.C., and Section 3(1)(r) and 3(1)(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.88 of 2019, pending on the file of the respondent police and apprehending arrest, he has filed the present petition.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

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) Act, 1989, this Court feels it appropriate to direct the petitioner to surrender before (*)the Principal Sessions Judge cum PCR Court, Pudukkottai 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. The petitioner is 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 (CS-II) Amended as per order of this Hon'ble Court dated: 16.07.2019 Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) akv To (*)to be substituted the order already despatched on 02.07.2019

1. The District Court, Sivagangai (Special Court for SC/ST Act Cases, PCR).

2.The Principal Sessions Judge cum PCR Court, Pudukkottai

3. The Deputy Superintendent of Police, Alangudi, Pudukottai District.

4. The Inspector of Police, Karampakkudi Police Station, Pudukottai District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO M/S R.MAHESWARAN, ADVOCATE,SR.NO,69178 (SR.11813) Order made in CRL.O.P.(MD).No.8347 of 2019 Dated:17.06.2019 BUC(01/07/2019)2P/6C TR(30.07.2019) 2p 7c https://hcservices.ecourts.gov.in/hcservices/