Madras High CourtCRL OP(MD)/9575/2019ordered

Subramanian v. The Deputy Superintendent 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.9575 of 2019 1.Subramanian 2.Satheesh @ Sathiskumar : Petitioners Vs.

1.The Deputy Superintendent of Police, Gantharvakottai, Pudukottai District.

2.The Inspector of Police, Gantharvakottai Police Station, Pudukottai District.

In Crime No.208 of 2018.

3.Thangappa 4.Premkumar 5.Subbulakshmi 6.Edison 7.Ravikumar 8.Tamilselvan 9.Kalaiselvan : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the District and Sessions Court (P.C.R.), Pudukottai, to consider the bail application to be filed by the petitioners on the same day on their surrender in connection with Crime No.208 of 2018 on the file of the second respondent. For Petitioners : Mr.A.Arun Prasad For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side)

ORDER

The petitioners seek for a direction to the District and Sessions Court (P.C.R.), Pudukottai, to consider the bail application to be filed by them on the same day of their surrender in connection with Crime No.208 of 2018 on the file of the second respondent.

2. The petitioners are accused Nos.3 and 9 for the offences punishable under Sections 147, 294(b) and 323 of the Indian Penal Code r/w Sections 3(1)(r), 3(1)(s) and 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.208 of 2018, pending https://hcservices.ecourts.gov.in/hcservices/

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 District and Sessions Court (P.C.R.), Pudukottai, 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(CO) // True Copy // Sub Assistant Registrar(CS) SML To 1.The District and Sessions Court (P.C.R.), Pudukottai. 2.The Deputy Superintendent of Police, Gantharvakottai, Pudukottai District.

3.The Inspector of Police, Gantharvakottai Police Station, Pudukottai District.

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

+1CC TO MR.A.ARUN PRASAD, Advocate Sr. No. 73581 Order made in CRL.O.P.(MD).No.9575 of 2019 Dated: 05.07.2019 NR(CO) TR (09.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/