Madras High CourtCRL OP(MD)/9700/2019disposed of with direction

Sarala v. The Assistant Commissioner Of Police

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.9700 of 2019 1.Sarala 2.Sakidevi : Petitioners/Accused Nos.2&3 Vs.

State represented by 1.The Assistant Commissioner of Police Golden Rock Circle Trichy City ... Respondents/Complainant 2.The Inspector of Police All Woman Police Station Golden Rock Trichy City (Crime No.8 of 2019) 3.Seetha :3rd Respondent/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the Special Judge for SC/ST (Prevention of Atrocities) Act, 1st Additional District and Sessions Judge (PCR Unit), Trichy District to consider the bail application of the petitioners on the same day of their surrender in Crime No.8 of 2019 on the file of the 2nd respondent police.

For Petitioners : Mr.S.Sathya Chidambaram For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioners seek for a direction to the learned Special Judge for SC/ST (Prevention of Atrocities) Act, I Additional District and Sessions Judge (PCR Unit), Trichy District, to consider their bail application to be filed in Crime No.8 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 498(A), 506(i) I.P.C r/w Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No. 8 of https://hcservices.ecourts.gov.in/hcservices/

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 Special Judge for SC/ST (Prevention of Atrocities) Act, I Additional District and Sessions Judge (PCR Unit), Trichy District, 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 (C.O) // True Copy // Sub Assistant Registrar(CS) To

1. The Special Judge for SC/ST (Prevention of Atrocities) Act, / I Additional District and Sessions Judge (PCR Unit), Trichy District, 2.The Assistant Commissioner of Police , Golden Rock Circle Trichy City 3.The Inspector of Police, All Woman Police Station Golden Rock, Trichy City 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +One cc to Mr.S.Sathiya Chidambaram, Advocate, SR.No.74482 Order made in CRL.O.P.(MD).No.9700 of 2019 09.07.2019 RL/17.07.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/