Madras High CourtCRL OP(MD)/9568/2019ordered

P.Arunkumar, v. The Assistant Commissioner Of

2019-07-05Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9568 of 2019 P.Arunkumar : Petitioner Vs.

1.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Madurai City, Madurai.

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

3.Mr.M.Vasanth : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the Additional District and Sessions Court for PCR Cases, Madurai, to consider the bail application that will be filed by the petitioner in Crime No.604 of 2019 on the file of the second respondent police on the same day of its filing. For Petitioner : Mr.S.Malaikani For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side)

ORDER

The petitioner seeks for a direction to the Additional District and Sessions Court for PCR Cases, Madurai, to consider the bail application to be filed by him in Crime No.604 of 2019 on the file of the second respondent police on the same day of its filing.

2. The petitioner is an accused for the offences punishable under Sections 147, 148, 323, 342, 324 and 506(ii) of the Indian Penal Code and Section 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (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.

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 https://hcservices.ecourts.gov.in/hcservices/

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioner to surrender before the Additional District and Sessions Court for PCR Cases, 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) SML To 1.The Additional District and Sessions Court for PCR Cases, Madurai.

2.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Madurai City, Madurai.

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

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

+1CC TO MR.S.MALAIKANI, Advocate Sr. No. 73799 Order made in CRL.O.P.(MD).No.9568 of 2019 Dated: 05.07.2019 NR(CO) TR (09.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/