Madras High CourtCRL OP(MD)/11289/2019ordered

Karthikeyani @ Karthika v. The Deputy Superintendent Of Police

2019-08-09Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.11289 of 2019 Karthikeyani @ Karthika : Petitioner/Accused No.2 Vs.

State represented by its 1.The Deputy Superintendent of Police, Dindigul, Dindigul District.

2.The Inspector of Police, Vedasanthur-Police Station, Vedasanthur Taluk, Dindigul District.

(Crime No.187 of 2019) :Respondent/Complainant 3.Sri Renganayaki : Respondent/De-facto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Principal District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act, 1989, Dindigul District, to accept the surrender of the petitioner/accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.187 of 2019 on the file of the second respondent Police. For Petitioner : Mr.V.Chandrapandi For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) ******

ORDER

The petitioner seeks for a direction to the learned Principal District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act, 1989, Dindigul District, to accept the surrender of the petitioner/accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.187 of 2019, on the file of the second respondent Police.

2. The petitioner is the second accused for the offences punishable under Sections 294(b), 417, 420, 342, 506 (ii) and 376 of the Indian Penal Code and Sections 3 (1) (r), 3(1) (s) and 3 (1) (v) of SC / ST (Prevention of Atrocities) Amendment Act, 2015, in Crime No.187 of 2019, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

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 Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioner to surrender before the learned Principal District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act, 1989, Dindigul 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 (C.O) // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes, (Prevention of Atrocities) Act, 1989, Dindigul District, 2.The Deputy Superintendent of Police, Dindigul, Dindigul District.

3.The Inspector of Police, Vedasanthur-Police Station, Vedasanthur Taluk, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.V.CHANDRA PANDI, Advocate SR-81396. Order made in CRL.O.P.(MD).No.11289 of 2019 09.08.2019 https://hcservices.ecourts.gov.in/hcservices/ CS(16.08.2019) 2P 6C