Madras High CourtCRL OP(MD)/10779/2019ordered

Cherman @ Sermavel v. The Deputy Superintendent Of Police

2019-07-31Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.10779 of 2019 Cherman @ Sermavel : Petitioner Vs.

1.The Deputy Superintendent of Police, Thazhaiyuthu, Tirunelveli District.

2.The Inspector of Police, Thazhaiyuthu Police Station, Tirunelveli District.

(Crime No.235 of 2019) 3.Muthumari : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases) to consider the bail application of the petitioner concerned in Crime No.235 of 2019 on the file of the Inspector of Police, Thazhaiyuthu Police Station, the second respondent herein and pass orders in accordance with law on the same day on his surrender if any petition filed by the petitioner.

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

ORDER

The petitioner seeks for a direction to the learned II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases), to consider his bail application to be filed in Crime No.235 of 2019 on the file of the second respondent police and to accept his surrender on the same day on merits.

2. The petitioner is the accused for the offences punishable under Sections 294(b), 506(i) IPC, Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and Section 3(i) (r) and 3 (i) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 2015, in Crime No.235 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 and perused the materials available on record.

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 II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases), 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 // True Copy // Sub Assistant Registrar(CS) To 1.The II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases).

2.The Deputy Superintendent of Police, Thazhaiyuthu, Tirunelveli District.

3.The Inspector of Police, Thazhaiyuthu Police Station, Tirunelveli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-79297[F] dated 01/08/2019 ) CRL.O.P.(MD).No.10779 of 2019 31.07.2019 KK/SAR/05.08.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/