Madras High CourtCRL OP(MD)/8745/2019disposed of

Amsavalli, v. The Inspector Of Police,

2019-06-24Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.8745 of 2019 1.Amsavalli 2.Sathiya Moorthy 3.A.Govindharaj 4.Krishnamoorthy : Petitioners/Accused (Rank not known) Vs.

1.The Inspector of Police, Thenkarai Police Station, Theni District.

(In Crime No.249 of 2019) : 1st Respondent/Complainant 2.The Deputy Superintendent of Police, Periyakulam Cricle, Theni District.

: 2nd Respondent/2nd Respondent 3.Surender : 3rd Respondent/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the Principal District and Sessions Court, Theni to consider the surrender and bail application filed by the petitioners in Crime No.249 of 2019 pending on the file of the respondent police on the same day.

For Petitioners : Mr.R.Gandhi For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioners seek for a direction to the Principal District and Sessions Court, Theni, to consider their bail application to be filed in Crime No.249 of 2019 on the file of the second respondent police and to accept their surrender on the same day on merits.

2. The petitioners are the accused for the offences punishable under Sections 147, 294(b), 323, 324, 506(i) IPC and Sections 3(i)(r), 3(i)(s) and 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.249 of 2019, pending on the file of the second respondent police and apprehending arrest, they have 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 petitioners 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 petitioners to surrender before the Principal District and Sessions Court, Theni, 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. The petitioners are 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 Principal District and Sessions Court, Theni 2.The Deputy Superintendent of Police, Periyakulam Cricle, Theni District.

3.The Inspector of Police, Thenkarai Police Station, Theni District.

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

+1CC TO MR.R.GANDHI, Advocate Sr. No. 70736 Order made in CRL.O.P.(MD).No.8745 of 2019 Dated:24.06.2019 DB(CO) TR (01.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/