T.Markkandan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2019
CORAM
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.10135 of 2019 T.Markkandan : Petitioner/Sole Accused Vs.
1.The Deputy Superintendent of Police Uthamapalayam Theni District 2.State through the Inspector of Police Uthamapalayam Police Station Madurai District (Crime No.403 of 2019) : Respondent 1&2/Complainants 3.Shanthi : Respondent No.3/Defacto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the Principal District and Sessions Judge (PCR Court), Theni to consider and pass orders on the bail application of the petitioner on the same day in Crime No.403 of 2019 pending on the file of the respondent police. For Petitioner : Mr.R.Ramasamy For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)
ORDER
The petitioner seeks for a direction to the Principal District and Sessions Judge (PCR Court), Theni, to consider his bail application to be filed in Crime No.403 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 Sections 294(b), 323, 506(ii), 376, 511 I.P.C r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 4 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 and Section 3(1)(r), 3(1)(s), 3(2)(va), 3(2)(va) of the Schedule Caste and Schedule Tribes ( Prevention of Atrocities) Amendment Act, 2015, in Crime No.403 of 2019, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.
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3. Heard the learned counsel appearing on either side.
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 learned Principal and District Sessions Judge (PCR Court), Theni 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 Principal and District Sessions Judge (PCR Court), Theni District
2. The Deputy Superintendent of Police Uthamapalayam Theni District
3. The Inspector of Police Uthamapalayam Police Station Madurai District
4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai +1 CC to MR.R.RAMASAMY, Advocate ( SR-75951[F] dated 18/07/2019 ) Order made in CRL.O.P.(MD).No.10135 of 2019 Dated:18.07.2019 MSA MK (26.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/