Madras High CourtCRL OP(MD)/10262/2019withdrawn dismissed

P.Kathiresan v. The Assistant Commissioner Of Police (L And O)

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.10262 of 2019 1.P.Kathiravan 2.Santhanabharathi (Wrongly mentioned in the FIR as Bharathi) 3.C.S.Prasanna 4.S.Jeevanantham 5.S.Vetrivel 6.S.Murugan : Petitioners Vs.

1.The Assistant Commissioner of Police (L & O), Tallakulam, Madurai City.

2.State represented by the Inspector of Police, Thallakulam (L & O)Police Station, Madurai City.

(Crime No.1086 of 2019) 3.Jeganathan 4.Bhagath Singh : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned IIIrd Additional District Sessions Judge (PCR Court), Madurai, to accept the surrender of the petitioners and consider their bail application on the same day on mertis in relating to Crime No.1086 of 2019, dated 14.07.2019, on the file of the respondents Police.

For Petitioners : Mr.M.Jegadeesh Pandian For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl, side)

ORDER

The petitioners seek for a direction to the learned IIIrd Additional District Sessions Judge (PCR Court), Madurai, to accept the surrender of the petitioners and consider their bail

application on the same day on mertis in relating to Crime No.1086 of 2019, dated 14.07.2019, on the file of the respondents Police.

2. The petitioners are the accused for the offences punishable under Sections 147, 294 (b), 323, 324, 379 (NP) and 506 (ii) of the Indian Penal Code and Sections 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Crime No.1086 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 III Additional District Sessions Judge (PCR Court), 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) tsg To 1.The III Additional District Sessions Judge (PCR Court), Madurai.

2.The Assistant Commissioner of Police (L & O), Tallakulam, Madurai City.

3.The Inspector of Police, Thallakulam (L & O)Police Station, Madurai City.

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

+1CC TO MR.M.JEGADEESH PANDIAN, Advocate Sr. No. 76748 Order made in CRL.O.P.(MD).No.10262 of 2019 Dated: 19.07.2019 KG(CO) TR (24.07.2019) 3P 6C