Madras High CourtCRL OP(MD)/10354/2019ordered

Vengaiyan v. The Deputy Superintendent Of Police

2019-07-23Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.10354 of 2019 Vengaiyan : Petitioner Vs.

1.The Deputy Superintendent of Police, Deputy Superintendent Office, Melur, Madurai District.

2.The State represented by The Inspector of Police, Melur Police Station, Madurai District.

(Crime No.1130 of 2017) 3.Anandh : Respondents PRAYER: Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Principal District and Sessions Judge (PCR), (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai District, to accept the surrender of the petitioner and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.1130 of 2017, on the file of the first respondent. For Petitioner : Mr.S.Malaimuthan For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

The petitioner seeks for a direction to the learned Principal District and Sessions Judge (PCR), (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai District, to accept the surrender of the petitioner and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.1130 of 2017, on the file of the first respondent.

2. The petitioner is the accused for the offences punishable under Sections 147, 294 (b), 323, 325, 427 and 506 (i) of the Indian Penal Code and Section 3 (2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment https://hcservices.ecourts.gov.in/hcservices/

Act, 2015, in Crime No.1130 of 2017, pending on the file of the second 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.

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 Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes, Prevention of Atrocities) Act, 1989, Madurai 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 (AD-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal District and Sessions Juge,(Special Court for Scheduled Castes and Scheduled Tribes),(Prevention of Atrocities ) Act, 1989, Madurai City.

2.The Deputy Superintendent of Police,Deputy Superintendent Office, Melur, Madurai District.

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

+1cc to Mr.S.MALAIMUTHU,Advocate, SR.No.77524 tsg Order made in CRL.O.P.(MD).No.10354 of 2019 Dated:23.07.2019 NA (29.07.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/