Madras High CourtCRL OP(MD)/9019/2019disposed of

Kuppusamy v. The Deputy Superintendent Of

2019-06-27Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9019 of 2019 Kuppusamy : Petitioner/Accused No.2 Vs.

1.The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District.

: Respondent/ Investigation Officer 2.The Inspector of Police, Ukirakosamangai Police Station, Ramanathapuram District.

: Respondent/Complainant 3.Arasanrai : Respondent/ Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned District and Sessions Judge (Special Court for Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act 1989, Ramanathapuram, to accept the surrender of the Petitioner/Accused No.2 and consider the petitioner's bail application and grant bail on the same day in connection with Crime No.68 of 2017, on the file of the second respondent police. For Petitioner : Mr.G.Mohankumar For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

The petitioner seeks for a direction to the learned District and Sessions Judge (Special Court for Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, to accept the surrender of the Petitioner/Accused No.2 and consider the petitioner's bail application and grant bail on the same day in connection with Crime No.68 of 2017, on the file of the second respondent police.

2. The petitioner is the second accused for the offences punishable under Sections 147, 148, 294 (b), 323, 324 and 506 (ii) of the Indian Penal Code and Sections 3 (1) (r), 3(1) (s) of SC / ST (Prevention of Atrocities) Amendment Act, 2015, in Crime No.68 of 2017, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition. https://hcservices.ecourts.gov.in/hcservices/

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 Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioner to surrender before the learned District and Sessions Judge (Special Court for Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act 1989, Ramanathapuram, 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) tsg To 1.The District and Sessions Judge (Special Court for Scheduled Castes and Schedule Tribes, (POA) Act, Ramanathapuram.

2.The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District.

3.The Inspector of Police, Ukirakosamangai Police Station, Ramanathapuram District.

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

+1CC TO MR.L.SIVA, Advocate Sr. No. 71742 Order made in CRL.O.P.(MD).No.9019 of 2019 Dated:27.06.2019 DB(CO) TR (08.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/