Madras High CourtCRL OP(MD)/9262/2019disposed of

Sankar @ Shankar Ganesh v. The Assistant Commissioner Of

2019-07-02Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9262 of 2019 Sankar @ Shankar Ganesh : Petitioner Vs.

1.The State Represented by its The Assistant Commissioner of Police, Thirupparamkundram, Madurai City.

2.The State represented by its the Inspector of Police, Avaniyapuram Police Station, Madurai City.

(Crime No.604 of 2019) 3.Vasanth : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned 3rd Additional District and Sessions Court (PCR Court), Madurai, to consider the bail application of the petitioner on the very same day of his surrender in connection with the F.I.R. in Crime No.604 of 2019, on the file of the second respondent Police and to release the petitioner on bail on the very same day itself.

For Petitioner : Mr.M.Karthick Pandian For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

The petitioner seeks for a direction to the learned 3rd Additional District and Sessions Court (PCR Court), Madurai, to consider the bail application of the petitioner on the very same day of his surrender in connection with the F.I.R. in Crime No.604 of 2019, on the file of the second respondent Police and to release the petitioner on bail on the very same day itself.

2. The petitioner is the second accused for the offences punishable under Sections 147, 148, 323, 324, 342 and 506 (ii) of the Indian Penal Code and Sections 3(2)(Va) of SC / ST (Prevention of Atrocities) Amendment Act, 2015, in Crime No.604 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 3rd Additional District and Sessions Court (PCR Court), 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 (co) // True Copy // Sub Assistant Registrar(CS) To 1.The 3rd Additional District and Sessions Judge, (PCR Court), Madurai.

2.The Assistant Commissioner of Police, Thirupparamkundram, Madurai City.

3.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-72799[F] dated 02/07/2019 ) tsg Order made in CRL.O.P.(MD).No.9262 of 2019 https://hcservices.ecourts.gov.in/hcservices/ 02.07.2019 KM/(10.07.2019) 3P 6C