Madras High CourtCRL OP(MD)/9205/2019disposed of

Selvi v. The Deputy Superintendent Of

2019-07-01Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9205 of 2019 Selvi : Petitioner/Accused No.2 Vs.

1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Lalkudi, Trichy District.

2.State through the Inspector of Police, All Women Police Station, Lalkudi, Trichy District.

(In Crime No.09 of 2019) 3.Uma : Respondents/Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Ist Additional Principal Sessions Judge (PCR), Trichy to consider the bail application of the petitioner on the same day in Crime No.09 of 2019, on the file of the second respondent Police Station.

For Petitioner : Mr.S.Kameswaran For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) ******

ORDER

The petitioner seeks for a direction to the learned Ist Additional Principal Sessions Judge (PCR), Trichy to consider the bail application of the petitioner on the same day in Crime No.09 of 2019, on the file of the second respondent Police Station.

2. The petitioner is the mother of the first accused. She is the second accused in this case. She has been charged with for the offences punishable under Sections 417, 420, 376 and 506 (i) of the Indian Penal Code and Sections 3 (1) (r), 3(1) (s), 3 (1)(w)(i) and 3 (2)(va) of SC / ST (Prevention of Atrocities) Act, 1989, in Crime No.09 of 2019, pending on the file of the second respondent police and apprehending arrest, she has filed the present petition. The first accused was remanded to the judicial custody.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

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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) Act, 1989, this Court feels it appropriate to direct the petitioner to surrender before the learned I Additional Principal Sessions Judge (PCR), Trichy, 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 II) // True Copy // Sub Assistant Registrar(CS) To 1.The Ist Additional Principal Sessions Judge (PCR), Trichy. 2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Lalkudi, Trichy District.

3.The Inspector of Police, All Women Police Station, Lalkudi, Trichy District.

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

+1cc to Mr. S.KAMESWARAN, Advocate, SR.No. 72419 CRL.O.P.(MD).No.9205 of 2019 01.07.2019 TSG KK/SAR/10.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/