Madras High CourtCRL OP(MD)/8501/2019ordered

Karthiga v. The Deputy Superintendent Of

2019-06-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.8501 of 2019 1.Karthiga 2.Senthilkumar 3.Kaliyammal 4.Ramakrishnan 5.Devi ... Petitioners Vs.

1.The Deputy Superintendent of Police, Dindigul, Dindigul District.

2.The Inspector of Police, Vedasanthur Police Station, Vedasanthur-Taluk, Dindigul District.

(Crime No.187 of 2019) 3.Sri Renganayaki ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Principal District and Session Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989)), Dindigul District, to accept the surrender of the petitioners/accused and consider petitioners' bail application and grant bail on the date of surrender itself in Crime No.187 of 2019 on the file of the second respondent Police. For Petitioners: Mr.D.Balamurugapandi For Respondents: Mr.K.Suyambulinga Bharathi Govt. Advocate (Crl. Side) for R1 & R2

O R D E R

The learned Government Advocate (Crl. Side) appearing for the first and second respondents submitted that the petitioners are not having any bad antecedents.

2.The petitioners seek for a direction to the learned Principal District Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989)), Dindigul District, to accept their surrender and consider their bail application on the same day on merits relating to Crime No.187 of 2019 on the file of the second respondent police. 3.The petitioners are the second to six accused for the offences punishable under Sections 294(b), 417, 420, 342, 506(ii), 376 IPC r/w 3 (1) (r), 3 (1) (s), 3 (2)(v) of the Scheduled Caste https://hcservices.ecourts.gov.in/hcservices/

and Scheduled Tribes (Prevention of Atrocities ) Amendment Act, 2015 in Crime No.187 of 2019, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

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) Amendment Act, 2015, this Court feels it appropriate to direct the petitioners to surrender before the learned Principal District Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989)), Dindigul District, 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.

5.This Criminal Original Petition is allowed. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To:

1.The Principal District and Session Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989)), Dindigul District.

2.The Deputy Superintendent of Police, Dindigul, Dindigul District.

3.The Inspector of Police, Vedasanthur Police Station, Vedasanthur-Taluk, Dindigul District.

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate SR-69654. Crl.O.P.(MD)No.8501 of 2019 19.06.2019 CS: (26/06/2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/