Madras High CourtCRL OP(MD)/10791/2019ordered

Sathiya v. The Deputy Superintendent Of Police

2019-07-31Honourable Mr Justice G.K. Ilanthiraiyan2 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.10791 of 2019 1.Sathiya 2.Kaleeshwari : Petitioners Vs.

1.The Deputy Superintendent of Police, Ramanathapuram Sub-Division, Ramanathapuram District.

2.The State represented By its the Sub Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District.

(Crime No.24/2019) 3.Muneeswari : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned Principal Sessions Judge cum PCR Judge, Ramanathapuram, Ramanathapuram District to consider the bail application of the petitioners on the very same day of their surrender and to release them on bail on the very same day itself, in connection with the FIR in Crime No.24 of 2019 on the file of the second respondent police.

For Petitioners : Mr.M.S.Jeyakarthik For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioners seek for a direction to the learned Principal Sessions Judge cum PCR Judge, Ramanathapuram, Ramanathapuram District, to consider their bail application to be filed in Crime No.24 of 2019 on the file of the second respondent police and to accept their surrender on the same day on merits.

2. The petitioners are the accused for the offences punishable under Sections 147, 294(b), 324, 506(i) IPC, Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002 and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.24 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 Sessions Judge cum PCR Judge, Ramanathapuram, 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 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 (C.O) // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal Sessions Judge cum PCR Judge, Ramanathapuram, Ramanathapuram District 2.The Deputy Superintendent of Police, Ramanathapuram Sub-Division,Ramanathapuram District. 3.The Sub Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District.

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

+1 CC to Mr.M.S.JEYAKARTHIK, Advocate SR-79055. Order made in CRL.O.P.(MD).No.10791 of 2019 Dated:

31.07.2019 CS(07.08.2019) 2p 6C https://hcservices.ecourts.gov.in/hcservices/