Madras High CourtCRL OP(MD)/10430/2019ordered

Gopal 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.10430 of 2019 Gopal ` : Petitioner Vs.

1.The Deputy Superintendent of Police Keelakarai Ramanathapuram District 2.The Inspector of Police Uthirakosamangai Police Station Ramanathapuram District 3.S.Ganesan : Respondents PRAYER: Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned Principal District & Sessions Judge (PCR), Ramanathapuram to accept the surrender of the petitioner/accused and consider the petitioner bail application and grant bail on the date of surrender itself in Crime No.13 of 2019 on the file of the second respondent police. For Petitioner : Mr.G.Kannan For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioner seeks for a direction to the learned Principal District & Sessions Judge (PCR), Ramanathapuram District to consider the bail application of the petitioner to be filed in Crime No.13 of 2019 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 294(b) I.P.C and Sections 3(i)(r), (3(i) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.13 of 2019, 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 Principal District & Sessions Judge (PCR), Ramanathapuram District, 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 Principal District & Sessions Judge (PCR), Ramanathapuram District.

2.The Deputy Superintendent of Police Keelakarai Ramanathapuram District 3.The Inspector of Police Uthirakosamangai Police Station Ramanathapuram District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai +1cc to Mr.G.KANNAN,Advocate, SR.No.77324 Order made in CRL.O.P.(MD).No.10430 of 2019 Dated:24.07.2019 NA (31.07.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/