Madras High CourtCRL OP(MD)/8699/2019disposed of

Ramkumar v. The Deputy Superintendent Of

2019-06-28Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.8699 of 2019 Ramkumar : Petitioner Vs.

1.The Deputy Superintendent of Police, Puliyangudi, Tirunelveli District.

2.The State rep by its The Inspector of Police, Sivagiri Police Station, Tirunelveli District.

(Crime No.242 of 2019) 3.Vignesh : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the II Additional Sessions Court cum PCR Court, Tirunelveli to consider the bail application of the petitioner on the same day of surrender and dispose the same on the same date on merits and in accordance with law in Crime No.242 of 2019 on the file of the second respondent police. For Petitioner : Mr.R.Kathiresaperumal For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioner seek for a direction to the learned II Additional Sessions Court cum PCR Court, Tirunelveli, to consider their bail application to be filed in Crime No.242 of 2019 on the file of the respondent police and to accept their surrender on the same day on merits.

2. The petitioner is the accused for the offences punishable under Sections 294(b), 323, 324, 342, 506(ii) IPC r/w Sections 3(1)(r), 3(i)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, in Crime No.242 of 2019, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

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 the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioner to surrender before the learned II Additional Sessions Court cum PCR Court, 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 their 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-III) / True Copy / Sub Assistant Registrar(CS- ) Ta To 1.The II Additional Sessions Court cum PCR Court, Tirunelveli 2.The Deputy Superintendent of Police, Puliyangudi, Tirunelveli District.

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

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

+1 CC to M/s.R.KATHIRESA PERUMAL, Advocate ( SR-72305[F] dated 28/06/2019 ) CRL.O.P.(MD).No.8699 of 2019 28.06.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/11.07.2019/2P/6C