Madras High CourtCRL OP(MD)/11371/2019ordered

Palaniraj v. The Deputy Superintendent Of Police

2019-08-13Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.11371 of 2019 1.Palaniraj 2.Karthick : Petitioners Vs.

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

2.State represented by the Inspector of Police, Sakkottai Police Station, Sivagangai District.

(Crime No.224 of 2019) 3.Thamilarasu : Respondents PRAYER: Petition is filed under Section 482 of Criminal Procedure Code to direct the learned District and Sessions Judge (PCR Court), Sivagangai, to accept the surrender of the petitioners and consider their bail applications on the same day on merits in relating to Crime No.224 of 2019 dated 06.08.2019 on the file of the respondents.

For Petitioners : Mr.S.M.Sanjay For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl, side)

ORDER

The petitioners seek for a direction to the learned District and Sessions Judge (PCR Court), Sivagangai, to accept the surrender of the petitioners and consider their bail applications on the same day on merits in relating to Crime No.224 of 2019, dated 06.08.2019, on the file of the respondents.

2. The petitioners are arrayed as accused Nos.1 and 2 for the offences punishable under Sections 341, 294(b), 324 and 506 (ii) of the Indian Penal Code and Sections 3 (1) (r) and 3 (1) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.224 of 2019, pending on the file of https://hcservices.ecourts.gov.in/hcservices/

the second respondent police and apprehending arrest, they have filed the present petition.

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 Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioners to surrender before the learned District and Sessions Judge (PCR Court), Sivagangai, 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 // True Copy // Sub Assistant Registrar(CS) To 1.The District and Sessions Judge (PCR Court), Sivagangai, 2.The Deputy Superintendent of Police, Karaikudi Sub-Division, Sivagangai District.

3.The Inspector of Police, Sakkottai Police Station, Sivagangai District.

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

+2 CC to M/s.S.M.SANJAY, Advocate ( SR-81306[F] dated 13/08/2019 ) Order made in CRL.O.P.(MD).No.11371 of 2019 13.08.2019 tsg JMN(20.08.2019) 2P : 7C https://hcservices.ecourts.gov.in/hcservices/