Madras High CourtCRL OP(MD)/9612/2019disposed of

Murugan v. The Deputy Superintendent Of

2019-07-08Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9612 of 2019 Murugan : Petitioner Vs.

1.The Deputy Superintendent of Police, Tirumangalam Range, Madurai District.

2.The Inspector of Police, Kallikudi Police Station, Madurai District.

(Crime No.88 of 2019) 3.Ramar : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned III Additional District Judge, (Special Court for PCR Cases) Madurai to consider the petitioner's bail application on the same day of his surrender in Crime No.88 of 2019 on the file of the inspector of Police, Kallikudi Police Station, Madurai District.

For Petitioner : Mr.M.Shakul Hameed For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate

ORDER

The petitioner seeks for a direction to the learned III Additional District Judge, (Special Court for PCR Cases) Madurai to consider the bail application of the above said petitioner / accused on his surrender on the same day on merits.

2. The petitioner is the accused for the offences punishable under Sections 341, 294(b), 323, 506(i) of I.P.C. and Section 3(1) ® and 3(1) (s) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.88 of 2019, pending on the file of the respondent police and apprehending arrest, he has filed the present petition.

3. The learned Government Advocate (Crl.side) on instructions would submit that seventeen previous cases are pending against the petitioner.

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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 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court feels it appropriate to direct the petitioner to surrender before the learned III Additional District Judge, (Special 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 also consider the antecedent of the petitioner and pass appropriate orders on the same day of his surrender. The petitioner is directed to comply with the provision under Section 15(A)(5) of the Scheduled Castes and 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) To

1. The III Additional District Judge, (Special Court for PCR Cases), Madurai.

2.The Deputy Superintendent of Police, Tirumangalam Range, Madurai District.

3.The Inspector of Police, Kallikudi Police Station, Madurai District.

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

+1cc to Mr.M.SHAKUL HAMEED, Advocate, SR.No. 74025 Order made in CRL.O.P.(MD).No.9612 of 2019 08.07.2019 AKV KK/SAR/11.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/