Madras High CourtCRL OP(MD)/9034/2019disposed of

Murugan, S/O.Sangarathevar 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.9034 of 2019 Murugan : Petitioner/Accused No.1 Vs.

State Rep. By 1.The Deputy Superintendent of Police, Thirumangalam Sub Division, Madurai District. 2.The Inspector of Police, Kalligudi Police Station, Madurai District.

(Crime No.88 of 2019) : Respondents /Complainants 3.P.Ramar : Respondent/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned III Additional District and Sessions Judge (PCR), Madurai, to accept his surrender and to consider bail application to be filed by him on same day on merits in Crime No.88 of 2019, on the file of the first respondent police. For Petitioner : Mr.S.Prabhu For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) ******

ORDER

The petitioner seeks for a direction to the learned III Additional District and Sessions Judge (PCR), Madurai, to accept his surrender and to consider bail application to be filed by him on same day on merits in Crime No.88 of 2019, on the file of the second respondent police.

2. The petitioner is the first accused for the offences punishable under Sections 341, 294(b), 323 and 506 (i) 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.88 of 2019, 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 III Additional District and Sessions Judge (PCR), Madurai, 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 (CS-III) / True Copy / Sub Assistant Registrar(CS- ) Tsg To 1.The III Additional District and Sessions Judge (PCR), Madurai, 2.The Deputy Superintendent of Police, Thirumangalam Sub Division, Madurai District. 3.The Inspector of Police, Kalligudi Police Station, Madurai District.

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

+1 CC to M/s.S.PRABHU, Advocate ( SR-71753[F] dated 27/06/2019 ) Order made in CRL.O.P.(MD).No.9034 of 2019 27.06.2019 ES/09.07.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/