Madras High CourtCRL OP(MD)/9288/2019disposed of

Anbu @ Anbu Muneeswaran, v. The Deputy Superintendent 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.9288 of 2019 1Anbu @ Anbu Muneeswaran 2.Aravindh Kumar 3.Ponmuthu @ Ponramalingam : Petitioners/Accused 1 to 3 Vs.

1.The State By the Deputy Superintendent of Police, Keelakarai Division, Ramnad District.

2.The Inspector of Police, Sayalkudi Police Station, Ramnad District.

: Respondents 2 & 3/Complainant 3.Vilvadurai : 3rd Respondent/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Principal District and Sessions Judge (Special Court for PCR Cases), Ramnad, to consider their bail application on the same day of their surrender in respect of Crime No.2 of 2019, on the file of the second respondent, pending investigation.

For Petitioner : Mr.D.Venkatesh For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl, side)

ORDER

The petitioners seek for a direction to the learned Principal District and Sessions Judge (Special Court for PCR Cases), Ramnad, to consider their bail application on the same day of their surrender in respect of Crime No.2 of 2019, on the file of the second respondent Police.

2. The petitioners are the accused Nos.1 to 3 for the offences punishable under Sections 294(b), 323 and 506(i) of the Indian Penal Code r/w. Section 3 (1) (r) and 3 (1) (s) of SC / ST (Prevention of Atrocities) Amendment Act, 2015, in Crime No.2 of 2019, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

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 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 Principal District and Sessions Judge, (Special Court for PCR Cases), Ramnad, 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(CS-II) // True Copy // Sub Assistant Registrar(CS) tsg To 1.The Principal District and Sessions Judge, (Special Court for PCR Cases), Ramnad.

2.The Deputy Superintendent of Police, Keelakarai Division, Ramnad District.

3.The Inspector of Police, Sayalkudi Police Station, Ramnad District.

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

+1CC TO MR.D.VENKATESH, Advocate Sr. No. 72685 Order made in CRL.O.P.(MD).No.9288 of 2019 Dated:

02.07.2019 NR(CO) TR (11.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/