Madras High CourtCRL OP(MD)/9776/2019disposed of

Prakash v. The Deputy Superintendent Of Police

2019-07-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 11.07.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD).No.9776 of 2019 Prakash ... Petitioner -Vs1. The Deputy Superintendent of Police, Orathanadu, Thanjavur.

2. The Inspector of Police, Orathanadu Police Station, Thiruvarur District, Crime No.352 of 2018

3. Kulanthaiyan ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Learned I Additional District & Sessions Judge, (P.C.R. Court), Thanjavur to consider the bail application on the same day on the petitioner's surrender in connection with Crime No.352 of 2018, on the file of the 2nd respondent police. For Petitioner :

Mr.G.Karnan For R1 and R2 :

Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

The petitioner seeks for a direction to the learned I Additional District and Sessions Judge, (P.C.R. Court), Thanjavur, to accept his surrender and consider his bail application on the same day on merits relating to Crime No.352 of 2018, on the file of the second respondent police.

2.The petitioner is the first accused for the offences under Sections 294(b), 323, 506(ii) of I.P.C. r/w Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 and Section 3(1) (r), 3 (1) (s), 3 (2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities ) Amendment Act, 2015, in Crime No.352 of 2018, pending on the file of the respondent police and apprehending arrest, he has filed the present petition.

3.Heard the learned counsel appearing on either side and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/ 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) Amendment Act, 2015, this Court feels it appropriate to direct the petitioner to surrender before the learned I Additional District and Sessions Judge, (P.C.R. Court), Thanjavur, 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 pass appropriate orders on the same day of his surrender.

5. The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(T & P) // True Copy // Sub Assistant Registrar(CS) ias To 1.The I Additional District and Sessions Judge, (P.C.R. Court), Thanjavur

2. The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3. The Inspector of Police, Orathanadu Police Station, Thanjavur District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.G.KARNAN, Advocate Sr. No. 74862 Crl.O.P.(MD)No.9776 of 2019 11.07.2019 TR (11.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/