Madras High CourtCRL OP(MD)/8516/2019ordered

K.Amarnath 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.8516 of 2019 K.Amarnath ... Petitioner Vs.

1. The Deputy Superintendent of Police, Melur, Madurai District.

2. State through the Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.378 of 2017)

3. Thavidan ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the III Additional District and Sessions Judge (PCR Court), Madurai to consider and pass orders on the bail application of the petitioner on the same day in Crime No.378 of 2017 pending on the file of the respondent police. For Petitioners : Mr.R.Rajamohan 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 petitioner is not having any bad antecedents.

2.The petitioner seeks a direction to the learned III Additional District and Sessions Judge (PCR Court), Madurai, to accept his surrender and consider his bail application on the same day on merits relating to Crime No.378 of 2017 on the file of the second respondent police.

3.The petitioner is the first accused for the offences punishable under Sections 147, 148. 341, 294(b), 323, 324, 427, 307 IPC r/w Section 3(1)(r), 3(1)(s), 3(2)(va), 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities ) Amendment Act, 2015 in Crime No.378 of 2019, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

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) Amendment Act, 2015, this Court feels it appropriate to direct the petitioner to surrender before the learned III Additional District and Sessions Judge (PCR Court), Madurai, 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.

5.This Criminal Original Petition is allowed. sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar(CS ) To 1.III Additional District and Sessions Judge, (PCR Court), Madurai.

2.The Deputy Superintendent of Police, Melur, Madurai District.

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

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

+1 CC to Mr.R.RAJAMOHAN, Advocate ( SR-69837[F] dated 19/06/2019 ) Crl.O.P.(MD)No.8516 of 2019 19.06.2019 rmk MK (27.06.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/