Madras High CourtCRL OP(MD)/11649/2019ordered

Saravanakumar v. The Deputy Superintendent Of Police

2019-08-21Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.11649 of 2019 1.Saravanakumar 2.Senthilkumar : Petitioners Accused 1 & 2 Vs.

1.The State by the Deputy Superintendent of Police, Oddanchathram Division, Dindigul District.

2.The Inspector of Police, Oddanchatram Police Station, Dindigul District.

3.Magudeeswaran : Respondents 2 & 3/Complainant 3rd Respondent/De-Facto Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul to consider their bail application on the same day of their surrender in respect of Crime No.346 of 2019 on the file of the second respondent, pending investigation.

For Petitioners : Mr.D.Venkatesh For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioners seek for a direction to the learned Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul, to consider their bail application to be filed in Crime No.346 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 294(b), 324 IPC r/w Sections 3(1)(r)(s) of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.346 of 2019, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

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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 District and Sessions Judge (Special Court for PCR Cases), Dindigul, 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 (CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul.

2.The Deputy Superintendent of Police, Oddanchathram Division, Dindigul District.

3.The Inspector of Police, Oddanchatram Police Station, Dindigul District.

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

Order made in CRL.O.P.(MD).No.11649 of 2019 Dated:

21.08.2019 CS(30.08.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/