Madras High CourtCRL OP(MD)/8360/2019disposed of

Kirubakaran 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.8360 of 2019 Kirubakaran : Petitioner/Accused No.1 Vs.

1 .The Deputy Superintendant of Police, Melur Circle, Melur, Madurai District.

2. State represented by the Inspector of Police, Keelavalavoo Police Station, Madurai District, Crime No.193 of 2017.

:Respondents/Complainant

3. Muthu : Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the III Additional District and Sessions Judge, Madurai (PCR Court) to consider the bail application to be filed by the petitioners on the same day in Crime No.193 of 2017 on the file of the Inspector of Police, Keelavalvoo Station, pending investigation.

For Petitioner : Mr.S.MP.Amalan For Respondents 1 & 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor ******

ORDER

The petitioner seeks for a direction to the III Additional District and Sessions Judge, Madurai (PCR Court) 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, 294(b), 323, 324, 427, 506(i) of I.P.C., and Section 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.193 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) Act, 1989, this Court feels it appropriate to direct the petitioner to surrender before the III Additional District and Sessions Judge, Madurai (PCR Court) 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.

The Criminal Original Petition is ordered accordingly.

Sd/- Assistant Registrar (cs-ii) // True Copy // Sub Assistant Registrar(CS ) akv To

1. The III Additional District and Sessions Judge, Madurai (PCR Court)

2. The Deputy Superintendant of Police, Melur Circle, Melur, Madurai District.

3. The Inspector of Police, Keelavalavoo Police Station, Madurai District,

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

+1CC TO M/S.S.MP.AMALAN, ADVOCATE, SR.NO.69564 Order made in CRL.O.P.(MD).No.8360 of 2019 Dated:

17.06.2019 BUC(01/07/2019)/2P/6C https://hcservices.ecourts.gov.in/hcservices/