Madras High CourtCRL OP(MD)/8608/2019disposed of

Vanniyaraj, S/O.Velladurai v. The Deputy Superintendent Of

2019-06-20Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.8608 of 2019 Vanniyaraj : Petitioner/Sole Accused Vs.

State represented by 1.The Deputy Superintendent of Police, Kadayanallur, Tirunelveli District.

2.The Inspector of Police, Achanpudur Police Station, Tirunelveli District.

(Crime No.177 of 2019).

:Respondents 1 & 2/Complainants 3.M.Murugan :3rd Respondent/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned Second Additional District Judge (PCR Cases), Tirunelveli to consider the bail application of the petitioner to be filed in Cr.No.177 of 2019 on the file of the second respondent police and to accept his surrender on the same day on merits.

For Petitioner : Mr.M.Shema Daniel For Respondents 1 & 2 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor ******

ORDER

The petitioner seeks for a direction to the learned Second Additional District Judge (PCR Cases), Tirunelveli, to consider his bail application to be filed in Crime No.177 of 2019 on the file of the second respondent police and to accept his surrender on the same day on merits.

2. The petitioner is the sole accused for the offences punishable under Sections 294(b), 355, 323, 506(ii) of the Indian Penal Code and 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.177 of 2019, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

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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 the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioner to surrender before the learned Second Additional District Judge (PCR Cases), Tirunelveli, 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 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-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Second Additional District Judge (PCR Cases), Tirunelveli.

2.The Deputy Superintendent of Police, Kadayanallur, Tirunelveli District.

3.The Inspector of Police, Achanpudur Police Station, Tirunelveli District.

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

+1 CC to M/s.M.SHEMA DANIEL, Advocate SR-70132. Order made in CRL.O.P.(MD).No.8608 of 2019 Dated:

20.06.2019 CS: (26/06/2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/