Madras High CourtCRL OP(MD)/10348/2019ordered

Rangarajan @ Ramesh 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.10348 of 2019 1.Rengarajan @ Ramesh 2.Arokiya Gunaseelan : Petitioners Vs.

1.The State represented by The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvaiyaru Sub Division, Thanjavur District.

2.The Inspector of Police, Nadukaveri Police Station, Thanjavur District.

(Crime No.120 of 2019) 3.Annamalai : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to accept the surrender of the petitioners before the Special court for S.C/S.T. (Prevention of Atrocities) Act, i.e The Ist Additional District and Sessions Judge at Thanjavur, in connection with Crime No.120 of 2019, on the file of the second respondent Police and to consider the bail application filed by the petitioners on the same day.

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

ORDER

This Petition has been filed to accept the surrender of the petitioners before the Special court for S.C/S.T. (Prevention of Atrocities) Act, i.e the Ist Additional District and Sessions Judge at Thanjavur, in connection with Crime No.120 of 2019, on the file of the second respondent Police and to consider the bail application filed by the petitioners on the same day.

2. The petitioners are arrayed as accused Nos.1 and 2 for the offences punishable under Sections 3 (1) (x) and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Crime No.120 of 2019, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

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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 Special court for S.C/S.T. (Prevention of Atrocities) Act, i.e the Ist Additional District and Sessions Judge at Thanjavur, 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 Ist Additional District and Sessions Judge, Special Court for S.C./ S.T. (Prevention of Atrocities) Act, Thanjavur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvaiyaru Sub Division, Thanjavur District. 3.The Inspector of Police, Nadukaveri Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO MR.K.M.KARUNAKARAN, Advocate Sr. No. 77066 Order made in CRL.O.P.(MD).No.10348 of 2019 Dated: 23.07.2019 KM(CO) TR (26.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/