Madras High CourtCRL OP(MD)/8718/2019disposed of

Sundhar @ Sundara Pandian v. The Deputy Superintendent Of

2019-06-21Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.8718 of 2019 Sundhar @ Sundara Pandian : Petitioner Vs.

1.The State represented by its the Deputy Superintendent of Police, Manamadurai, Sivagangai District.

:1st Respondent/ Investigation Officer 2.The State represenated by its, The Inspector of Police, Thiruppuvanam Police station, Sivangangai District.

(Crime No.216 of 2019) :2nd Respondent/Complainant 3.Malarvizhi :3rd Respondent/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Principal District and Sessions Judge [P.C.R. Court], Sivagangai, to consider the bail application of the petitioner on the very same day of his surrender and to release him on bail on the very same day itself in connection with the F.I.R in Crime No.216 of 2019, on the file of the second respondent Police. For Petitioner : Mr.M.S.Jeyakarthik For Respondents 1 & 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor ******

ORDER

The petitioner seeks for a direction to the learned Principal District and Sessions Judge [P.C.R. Court], Sivagangai, to consider the bail application of the petitioner on the very same day of his surrender and to release him on bail on the very same day itself in connection with the F.I.R in Crime No.216 of 2019, on the file of the second respondent Police.

2. The petitioner is the accused for the offences punishable under Sections 341, 354 and 354 A[2] and 506(1) of the Indian Penal Code and Sections 3 (1) (r), 3(1) (s) and 3 (2) (va) of SC / ST (Prevention of Atrocities) Amendment Act, 2015, in Crime No.216 of 2019, pending on the file of the 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 Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioner to surrender before the learned Principal District and Sessions Judge [P.C.R. Court], Sivagangai, 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 (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal District and Sessions Judge cum P.C.R. Court, Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Thiruppuvanam Police station, Sivangangai District.

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

+1cc to Mr.M.S.JEYAKARTHICK, Advocate, SR.No.70515 CRL.O.P.(MD).No.8718 of 2019 Dated:

21.06.2019 TSG KK/SAR/01.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/