← Library
Madras High CourtCRL OP(MD)/9445/2019disposed of

Xavier v. The Deputy Superintendent Of

2019-07-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9445 of 2019 1.Xavier 2.Muthukannu @ Arul Arockia Johnson 3.Arulandu 4.Sandhanam @ Jerome Santhanasamy :Petitioners/Accused 1 to 4 Vs.

1.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

2.State:

rep. The Inspector of Police, Alangudi Police Station, Alangudi, Pudukkottai District.

(Crime No.103/2019) : Respondents/Complainants 3.Vigneshwaran 4.Raja 5.Mangayee 6.Vijaya 7.Kavithiran 8.Manoj : Respondents 3 to 8/Victims PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned Principal District and Sessions Judge (PCR) Court, Pudukkottai to accept the surrender of the petitioners and consider his bail application on the same day on merit relating to Crime No.103 of 2019 dated 26.06.2019. For Petitioners : Mr.A.V.Rajasekaran For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioners seek for a direction to the learned Principal District and Sessions Judge (PCR) Court, Pudukkottai, to consider their bail application to be filed in Crime No.103 of 2019 on the file of the second respondent police and to accept their surrender on the same day on merits.

2. The petitioners are the accused for the offences punishable under Sections 147, 148, 324, 506(2) IPC and Section 4 of TNPWH Act r/w Sections 3(1)(r), 3(1)(s) and 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of https://hcservices.ecourts.gov.in/hcservices/

Atrocities) Amendment Act, 1989, in Crime No.103 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.

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 the 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 (PCR) Court, Pudukkottai, 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-III) // True Copy // Sub Assistant Registrar(CS ) ta To 1.The Principal District and Sessions Judge (PCR) Court, Pudukkottai.

2.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

3.The Inspector of Police, Alangudi Police Station, Alangudi, Pudukkottai District.

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

+1cc to M/s.A.V.Rajasekaran, Advocate in SR.73347 CRL.O.P.(MD).No.9445 of 2019 https://hcservices.ecourts.gov.in/hcservices/ 04.07.2019 PBK(16.07.2019) 2P 6C