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Madras High CourtCRL OP(MD)/10407/2019ordered

Moorthi Alias Krishnamoorthy v. The Deputy Superintendent Of Police

2019-07-24Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.10407 of 2019 1.Moorthy@ Krishnamoorthy 2.P.Praveenkumar : Petitioners Vs.

1.The Deputy Superintendent of Police Karur Town Karur District 2.The Inspector of Police Vengamedu Police Station Karur District 3.Naveenkumar : Respondents PRAYER: Petition is filed under Section 482 of Criminal Procedure Code praying to direct the Principal District & Sessions Judge Cum P.C.R. Court, Karur to consider the bail application on same day on the petitioner surrender in connection with Crime No.159 of 2019 on the file of the second respondent police. For Petitioners : Mr.R.Mathiyalagan For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioners seek for a direction to the learned Principal District & Sessions Judge Cum P.C.R. Court, Karur to accept the surrender of the petitioners and consider their bail application on same day in connection with Crime No.159 of 2019 on the file of the second respondent police.

2.The petitioners are the accused for the offences punishable under Sections 294(b), 341, 323 I.P.C read with Sections 3(1)(i), 3(1)(r), 3(1)(s), 3(1)(v) and 3(1)(a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No. 159 of 2019, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition. https://hcservices.ecourts.gov.in/hcservices/

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 the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioners to surrender before the learned Principal District & Sessions Judge Cum P.C.R. Court, Karur 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 (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal District & Sessions Judge Cum P.C.R. Court, Karur 2.The Deputy Superintendent of Police Karur Town Karur District 3.The Inspector of Police Vengamedu Police Station,Karur District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court Madurai +1cc to Mr.R.MATHIYALAGAN,Advocate, SR.No.77510 Order made in CRL.O.P.(MD).No.10407 of 2019 24.07.2019 NA (31.07.2019)2P : 6C https://hcservices.ecourts.gov.in/hcservices/