Madras High CourtCRL OP(MD)/8327/2019disposed of with direction

Veeranan @ Raja v. The Deputy Superintendent Of

2019-07-09Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.8327 of 2019 1.Veeranan @ Raja 2.Kartheeswaran : Petitioners/Accused 1 and 4 Vs.

1.The Deputy Superintendent of Police, Melur Madurai District 2.The Inspector of Police Melur Police Station Madurai District (Cr.No.303/2019) : Respondents/Complainant 3.Vasanth :3rd Respondent/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned III Additional District Judge Cum P.C.R.Court, Madurai to consider the petitioners bail application and dispose the bail application on the same day, if the petitioners surrender before the learned III Additional District Judge Cum P.C.R. Court, Madurai in Crime No.303 of 2019 on the file of the 2nd respondent.

For Petitioners : Mr.B.Sudha Sathiyananth For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioners seek for a direction to the learned III Additional District Judge Cum P.C.R.Court, Madurai, to consider their bail application to be filed in Crime No.303 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 294(b), 307, 323, 506(ii) I.P.C r/w Section 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.303 of 2019, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned counsel for the petitioners.

4. Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl.Side), appearing for the first and second respondents, on instruction, would submit that the injured has been discharged from the hospital.

5. 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 III Additional District Judge Cum P.C.R.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 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.

6. The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS) To

1. The III Additional District Judge Cum P.C.R.Court, Madurai, 2.The Deputy Superintendent of Police, Melur Madurai District 3.The Inspector of Police , Melur Police Station Madurai District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +One cc to Mr.B.Sudha Sathiyananth, Advocate, SR.No.74200 Order made in CRL.O.P.(MD).No.8327 of 2019 Dated:09.07.2019 RL/17.07.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/