Madras High CourtCRL OP(MD)/9711/2019ordered

Kiran @ T.Bala Kiran v. The Deputy Superintendent Of Police,

2019-07-10Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9711 of 2019 1.Kiran @ T.Bala Kiran 2.Ravi @ Ram Kumar : Petitioners/Accused 1 and 2 Vs.

1.The Deputy Superintendent of Police, Tenkasi, Tirunelveli District.

2.The Inspector of Police, Shencottai, Tirunelveli District. : Respondents 1 and 2/Complainant 3.Ramar :3rd Respondent/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned IInd Additional District cum PCR Court, Tirunelveli, to consider the bail application of the petitioners in Crime No.270 of 2019, on the same date of surrender and dispose the same on its merits in accordance with law.

For Petitioners : Mr.R.Kathiresa Perumal For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl, side) ******

ORDER

The petitioners seek for a direction to the learned IInd Additional District cum PCR Court, Tirunelveli, to consider the bail application of the petitioners in Crime No.270 of 2019, on the same date of their surrender and dispose of the same on its merits and in accordance with law.

2. The petitioners are the accused for the offences punishable under Sections 294 (b), 342, 323 of the Indian Penal Code and Sections 3 (1) (r) and 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act, 1989 in Crime No.270 of 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 Scheduled Tribes (Prevention of Atrocities) https://hcservices.ecourts.gov.in/hcservices/

Act, 1989, this Court feels it appropriate to direct the petitioners to surrender before the learned IInd Additional District cum PCR Court, Tirunelveli, 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) To 1.The IInd Additional District cum PCR Court, Tirunelveli. 2.The Deputy Superintendent of Police, Tenkasi, Tirunelveli District.

3.The Inspector of Police, Shencottai, Tirunelveli District.

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

+1cc to Mr.R.KATHIRESA PERUMAL, Advocate, SR.No. 74487 CRL.O.P.(MD).No.9711 of 2019 10.07.2019 TSG KK/SAR/15.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/