Madras High CourtCRL OP(MD)/11695/2019ordered

Sithanathan @ Sivanathan, S/O.Pandaram v. The Deputy Superintendent Of Police

2019-08-22Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.11695 of 2019 1.Sithanathan @ Sivanathan 2.Siva @ Sivamareeswaran 3.Selvi @ Porselvi 4.Periya Ochan 5.Muthusamy 6.Rasu 7.Rajagopal @ Raja Gopalan 8.Ayyavu 9.Veeran : Petitioners Vs.

1.The Deputy Superintendent of Police, Peraiyur Sub Division, Madurai District.

2.The Sub Inspector of Police, Nagaiyahpuram Police Station, Madurai District.

(Crime No.31 of 2019) 3.Murugan 4.Arumugam 5.Muniyandi 6.Karuppasamy 7.Mani : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned III Additional District Judge, (P.C.R., Cases), Madurai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.31 of 2019 dated 08.06.2019 on the file of the second respondent police.

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

ORDER

The petitioners seek for a direction to the learned III Additional District Judge, (P.C.R., Cases), Madurai, to consider their bail application to be filed in Crime No.31 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 120(b), 147, 148, 294(b), 323, 324, 307 IPC and Section 3 of TNPPDL Act r/w Sections 3(1)(r), 3(1)(s) and 3 (2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.31 of 2019, pending on the file of 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 the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioners to surrender before the learned III Additional District Judge, (P.C.R., Cases), Madurai, 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(CO) // True Copy // Sub Assistant Registrar(CS) Ta To 1.The III Additional District Judge, (P.C.R., Cases), Madurai.

2.The Deputy Superintendent of Police, Peraiyur Sub Division, Madurai District.

3.The Sub Inspector of Police, Nagaiyahpuram Police Station, Madurai District.

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

+1CC TO MR.A.ANANDA RAJ, Advocate Sr. No. 82926 Order made in CRL.O.P.(MD).No.11695 of 2019 Dated: 22.08.2019 GRC(CO) TR (29.08.2019) 3P 6C