Madras High CourtCRL OP(MD)/9945/2019ordered

Madasamy v. The Assistant Commissioner Of Police,

2019-07-18Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9945 of 2019 1.Madasamy 2.K.Kalaimurugan : Petitioners/Accused No.1&4 Vs.

State represented by

1. The Assistant Commissioner of Police Avaniyapuram Police Station Madurai District

2. The Inspector of Police Avaniyapuram Police Station Madurai District (Crime No.604 of 2019) : Respondents/Complainants 3.Vasanth : Respondent / Defecto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the III Additional Sessions Judge (PCR Court), Madurai to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.604 of 2019 on the file of the 2nd respondent police. For Petitioners : Mr.M.Chandrabose For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioners seek for a direction to the learned III Additional Sessions Judge (PCR Court), Madurai, to consider their bail application to be filed in Crime No.604 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 147, 148, 323, 342, 324 and 506(ii) I.P.C and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No. 604 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.

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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 III Additional Sessions Judge (PCR 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.

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

1. The III Additional Sessions Judge (PCR Court), Madurai,

2. The Assistant Commissioner of Police Avaniyapuram Police Station Madurai District

3. The Inspector of Police Avaniyapuram Police Station Madurai District

4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai +2 CC to Mr.M.CHANDRA BOSE, Advocate ( SR-76600[F] dated 22/07/2019 ) Order made in CRL.O.P.(MD).No.9945 of 2019 18.07.2019 MSA MK (30.07.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/