Madras High CourtCRL OP(MD)/8410/2019disposed of

Ajith v. The Deputy Superintendent Of

2019-06-18Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.8410 of 2019 1.Ajith 2.Vairavel 3.Balamurugan 4.Jerold 5.Balaguru : Petitioners Vs.

1. The Deputy Superintendant of Police, Gantharvakottai, Pudukottai District.

2. The Inspector of Police, Gantharvakottai Police Station, Pudukottai District.

In Crime No.208 of 2018

3. Thangappa

4. Prem Kumar

5. Subbulakshmi

6. Edison

7. Ravikumar

8. Tamilselvan

9. kalaiselvan : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the District Sessions Court (PCR) Pudukottai to consider the bail application to be filed by the petitioners on same day on their surrender in connection with Crime No.208 of 2018, on the file of the second respondent Police.

For Petitioners : Mr.A.Arun Prasad For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

The petitioners seek for a direction to the District Sessions Court (PCR) Pudukottai, to accept the surrender of the petitioners and to consider the bail application to be filed by the petitioners on the same day in Crime No.208 of 2018, on the file of the second respondent police.

2. The petitioners / Accused Nos.2, 4, 7, 10 and 11 are the accused for the offences punishable under Sections 147, 294(b) and 323 of the Indian Penal Code and r/w. Sections 3(1)(r), 3(1)(s) and 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.208 of 2018, pending on the file of the second 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 the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioners to surrender before the learned District Sessions Court (PCR) 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 provisions under Section 15-A(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To

1. The District Sessions P.C.R. Court, Pudukottai.

2. The Deputy Superintendant of Police, Gantharvakottai, Pudukottai District.

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

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

+1 CC to MR.A.ARUN PRASAD, Advocate ( SR-70173[F] dated 20/06/2019 ) Order made in CRL.O.P.(MD).No.8410 of 2019 Dated:18.06.2019 TSG MK (04.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/