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Madras High CourtCRL OP(MD)/10388/2019ordered

Kumar @ Selvakumar 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.10388 of 2019 Kumar @ Selvakumar ` : Petitioner/Accused No.7 Vs.

1.The Deputy Superintendent of Police Melur Range, Madurai District.

2.The Inspector of Police, Melur Police Station, Madurai District.

3.Karunakaran 4.Kanjikumaran : Respondents/Victims/Complainant PRAYER: Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned IIIrd Additional Session Judge, (PCR Cases), Madurai, to consider the bail application of the petitioner to be filed in Crime No.325/2016 on the file of the second respondent police and to accept their surrender on the same day on merits.

For Petitioner : Mr.R.Balamuruganantham For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioner seeks for a direction to the III Additional Sessions Judge, (PCR Cases), Madurai to consider the bail application of the petitioner to be filed in Crime No.325/2016 on the file of the second respondent police and to accept their surrender on the same day on merits.

2. The petitioner is the accused for the offences punishable under Sections 147, 294(b), 323, 506 (ii) of IPC, read with Section 3 (2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.325 of 2016, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition. https://hcservices.ecourts.gov.in/hcservices/

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 III Additional Sessions Judge, (PCR Cases), 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 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 (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The III Additional Session Judge, (PCR Cases), Madurai, 2.The Deputy Superintendent of Police Melur Range, Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

4.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai +1cc to Mr.R.BALAMURUGANANTHAM,Advocate, SR.No.77474 msa Order made in CRL.O.P.(MD).No.10388 of 2019 Dated:24.07.2019 NA (31.07.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/