Madras High CourtCRL OP(MD)/12055/2019ordered

M.N.P. Parasuraman v. The Inspector Of Police

2019-08-28Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD)No.12055 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.12055 of 2019 M.N.P.Parasuraman : Petitioner/ Accused Rank not known Vs.

1.The Inspector of Police, Thenkarai Police Station, Theni District.

(In Crime No.249 of 2019) : 1st Respondent/Complainant 2.The Deputy Superintendent of Police, Periyakulam Circle, Theni District.

: 2nd Respondent/ 2nd Respondent 3.Surendar : 3rd Respondent/De-facto Complainant 4.Ajith Kumar : 4th Respondent/Victim PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the Principal District and Sessions Court, Theni to consider the surrender and bail application filed by the petitioner in Crime No.249 of 2019 pending on the file of the respondent police on the same day.

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

ORDER

The petitioner seeks for a direction to the Principal District and Sessions Court, Theni, to consider his bail application to be filed in Crime No.249 of 2019 on the file of the respondent police and to accept his surrender on the same day on merits.

2. The petitioner is the accused for the offences punishable under Section 147, 294(b), 323, 324, 506(i) IPC and Sections 3(i)(r), 3(i)(s) and 3(2)(v a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.12055 of 2019 in Crime No.249 of 2019, pending on the file of the 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.

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 Principal District and Sessions Court, Theni, 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 Principal District and Sessions Court, Theni. 2.The Inspector of Police, Thenkarai Police Station, Theni District. (In Crime No.249 of 2019) 3.The Deputy Superintendent of Police, Periyakulam Circle, Theni District.

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

Order made in CRL.O.P.(MD).No.12055 of 2019 Dated:

28.08.2019 CS(09.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4