Madras High CourtCRL OP(MD)/9030/2019disposed of

A. Elangovan, S/O.Annamalai 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.9030 of 2019 1.A.Elangovan 2.G.Baskar 3.Sabariyar @ Anandraj : Petitioners Vs.

1.The Deputy Superintendent of Police, Orathanadu Sub Division, Thanjavur District.

2.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

(Crime No.132 of 2019) 3.Thangavel 4.Manoharan 5.Sasikala : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Ist Additional District Judge cum PCR Court, Thanajvur, to accept the surrender of the petitioner and consider the bail application on the date of surrender in Crime No.132 of 2019, on the file of 2nd respondent police on the very same day.

For Petitioner : Mr.B.Jameel Arasu For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl, side)

ORDER

The petitioners seek for a direction to the learned Ist Additional District Judge cum PCR Court, Thanajvur, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in Crime No.132 of 2019, on the file of the second respondent police on the very same day.

2. The petitioners are the accused Nos.1 to 3 for the offences punishable under Sections 448, 294(b), 352, 324 and 506 (ii) of the Indian Penal Code r/w Sections 3 (1) (r) and 3(1) (s) of SC / ST (Prevention of Atrocities) Amendment Act, 2015, in Crime No.132 of 2019, pending on the file of the second respondent police and apprehending arrest, they have 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 petitioners 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 petitioners to surrender before the learned Ist Additional District Judge cum PCR Court, Thanajvur, 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(CO) // True Copy // Sub Assistant Registrar(CS) tsg To 1.The Ist Additional District Judge cum PCR Court, Thanajvur. 2.The Deputy Superintendent of Police, Orathanadu Sub Division, Thanjavur District.

3.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

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

+1CC TO MR.B.JAMEEL ARASU, Advocate Sr. No.72054 Order made in CRL.O.P.(MD).No.9030 of 2019 Dated:27.06.2019 NR(CO) TR (09.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/