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Madras High CourtCRL OP(MD)/10257/2019ordered

Mayandi v. The Deputy Superintendent Of Police

2019-07-22Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.10257 of 2019 Mayandi : Petitioner Vs.

1.The State rep.by The Deputy Superintendent of Police, Nilakottai Sub-Division, Dindigul District.

2.The Inspector of Police, All Women Police Station, Nilakottai, Dindigul District.

(Crime No.5 of 2019) 3.Vallimayil : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned Sessions Court, Fast Track Mahila Court, Dindigul, Dindigul District to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender in Crime No.05 of 2019 on the file of the second respondent police on the very same day. For Petitioner : Mr.M.Pitchai Muthu For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioner seeks for a direction to the Sessions Court, Fast Track Mahila Court, Dindigul, Dindigul District, to consider his bail application to be filed in Crime No.05 of 2019 on the file of the second respondent police and to accept his surrender on the same day on merits.

2. The petitioner is the accused for the offences punishable under Section 363 IPC, Section 5(1) r/w 6 of POCSO Act and Sections 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.05 of 2019, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition. https://hcservices.ecourts.gov.in/hcservices/

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 petitioner 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 petitioner to surrender before the Sessions Court, Fast Track Mahila Court, Dindigul, Dindigul 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 petitioner on merits and pass appropriate orders on the same day of his surrender. The petitioner is 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 Sessions Judge, Fast Track Mahila Court, Dindigul, Dindigul District.

2.The Deputy Superintendent of Police, Nilakottai Sub-Division, Dindigul District.

3.The Inspector of Police, All Women Police Station, Nilakottai, Dindigul District.

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

+1 CC to M/s.M.PITCHAI MUTHU, Advocate SR-77377. Order made in CRL.O.P.(MD).No.10257 of 2019 Dated:

22.07.2019 CS(26.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/