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Madras High CourtCRL OP(MD)/10183/2019ordered

S.Andi v. The Deputy Superintendent Of Police

2019-07-19Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.10183 of 2019 1.S.Aandi 2.B.Ajithkumar : Petitioners Vs.

State represented by its 1.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Samayanallur, Madurai District.

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

(In Crime No.237 of 2019) 3.Muthuvel : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Additional District and Sessions Judge No.III, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai to accept the surrender of the petitioners and consider the Petitioners bail application and grant bail on the date of surrender itself in Crime No.237 of 2019, dated 29.06.2019, on the file of the second respondant Police.

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

ORDER

The petitioners seek for a direction to the learned Additional District and Sessions Judge No.III, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, to accept the surrender of the petitioners and consider the Petitioners bail application and grant bail on the date of surrender itself in Crime No.237 of 2019, dated 29.06.2019, on the file of the second respondant Police.

2. The petitioners are the accused for the offences punishable under Sections 147, 447, 294 (b), 323, 427 and 506 (i) of the Indian Penal Code and Sections 3 (1) (r), 3 (1) (s) and 3

(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act, 1989, in Crime No.237 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) Act, 1989, this Court feels it appropriate to direct the petitioners to surrender before the learned Additional District and Sessions Judge No.III, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, 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 (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Additional District and Sessions Judge No.III, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, 2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Samayanallur, Madurai District.

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

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.V.MUTHUSAMUNDEESWARAN, Advocate ( SR-76985[F] dated 23/07/2019 ) tsg Order made in CRL.O.P.(MD).No.10183 of 2019 19.07.2019 KM/(24.07.2019) 3P 6C