Madras High CourtCRL OP(MD)/10421/2019ordered

Dinesh Alias Dinesh Kumar 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.10421 of 2019 1.Dhinesh @Dinesh Kumar 2.Satheeskumar 3.Prabhu@Prabhakaran 4.Poonendran@Poovendran 5.Selvam@Poonduselvam : Petitioners Vs.

1.The Deputy Superintendent of Police Samayanallur Madurai District 2.Inspector of Police Alanganallur Police Station Madurai District 3.Muthuvel : Respondents PRAYER: Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned III Additional District cum Sessions Judge (PCR) Court, Madurai to consider the bail application of the petitioners in the event of their surrender on the very same date in connection with Crime No.237 of 2019 on the file of the respondent police.

For Petitioners : Mr.V.S.Kishok Kumar For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioners seek for a direction to the learned III Additional District cum Sessions Judge (PCR) Court, Madurai to accept the surrender of the petitioners and consider their bail application on same day in connection with Crime No.237 of 2019 on the file of the second respondent police.

2.The petitioners are the accused for the offences punishable under Sections 147, 447, 294(b), 323, 427, 506(i) I.P.C read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Crime No. 237 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 the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioners to surrender before the learned III Additional District cum 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 (CO) // True Copy // Sub Assistant Registrar(CS) To

1. III Additional District cum Sessions Judge,(PCR) Court, Madurai 2.The Deputy Superintendent of Police, Samayanallur Madurai District 3.Inspector of Police Alanganallur Police Station,Madurai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1cc to Mr.V.S.KISHOK KUMAR,Advocate, SR.No.77095 Order made in CRL.O.P.(MD).No.10421 of 2019 24.07.2019 NA (31.07.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/