Madras High CourtCRL OP(MD)/10181/2019allowed

S.Sarabose v. The Deputy Superintendent Of Police

2019-07-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 19.07.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD).No.10181 of 2019

1. S.Sarabose

2. S.Suresh @ Sureshkumar

3. S.Arun @ Arunkumar

4. S.Kittukumar @ Ajithkumar

5. S.Rajkumar

6. E.Singam @ Arun Prakash ... Petitioners/Accused Nos.1 to 6 -Vs1. The Deputy Superintendent of Police, Manamadurai.

2. The Sub Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

(Crime No.255 of 2019) ... Respondents 1 & 2/Complainants

3. S.Jeyaghandhi ... 3rd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Court(P.C.R. Court), Sivagangai, under the SC/ST Act to accept the surrender of the petitioners in connection with Crime No.255 of 2019, pending investigation on the file of the second respondent police and to consider their bail application on the same day of surrender.

For Petitioners :

M/s.J.Muthukamatchi For R1 and R2 :

Mr.A.Robinson, Government Advocate(Crl.Side) * * *

O R D E R

The petitioners seek direction to the learned Principal District and Sessions Judge(P.C.R. Court), Sivagangai, to accept their surrender and consider their bail application on the same day on merits relating to Crime No.255 of 2019, on the file of the second respondent police.

2.The petitioners are accused Nos.1 to 6 for the offences under Sections 147, 148, 294(b), 324 of I.P.C., and Section 3(1)(s) of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Amendment Act 2015 in Crime No.255 of 2019, pending on https://hcservices.ecourts.gov.in/hcservices/

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 the 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) Amendment Act, 2015, this Court feels it appropriate to direct the petitioners to surrender before the learned Principal District and Sessions Judge(P.C.R. Court), Sivagangai, 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.

5. The Criminal Original petition is ordered, accordingly. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To

1. The Principal District and Sessions Judge(P.C.R. Court), Sivagangai.

2. The Deputy Superintendent of Police, Manamadurai.

3. The Sub Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

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

+1cc to Mr.V.MUTHUKAMATCHI, Advocate, SR.No. 76439 Crl.O.P.(MD)No.10181 of 2019 19.07.2019 PMU KK/SAR/23.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/