Krishnakumar v. The Deputy Superintendent Of Police

CRL.O.P.(MD).No.11591 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.11591 of 2019 Krishnakumar ...

Petitioner Vs.

1.The State represented by the Deputy Superintendent of Police, Periyakulam, Theni District.

2.The Inspector of Police, Devadhanapatti Police Station, Theni District.

(Crime No.266 of 2019) 3.Gopalsamy ... Respondents PRAYER: Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Principal District and Sessions Judge, Theni to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.266 of 2019 on the file of the second respondent police. For Petitioner : Mr.S.Paulmurugesh For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

The petitioner seeks for a direction to the learned Principal District and Sessions Judge, Theni to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.266 of 2019 on the file of the second respondent police.

2. The petitioner is accused for the offences punishable under Sections 294(b), 324 of I.P.C., r/w. Sections 3(1)(r), 3(1)(s), 3(2) (va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, pending on the file of the respondent police and apprehending arrest, he has filed the present petition.

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CRL.O.P.(MD).No.11591 of 2019

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 Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court feels it appropriate to direct the petitioner to surrender before the learned Principal District and Sessions Judge, 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 provision under Section 15(A)(5) of the Scheduled Castes and 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) To 1.The Principal District and Sessions Judge, Theni.

2.The Deputy Superintendent of Police, Periyakulam, Theni District.

3.The Inspector of Police, Devadhanapatti Police Station, Theni District.

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

Order made in CRL.O.P.(MD).No.11591 of 2019 Dated:

19.08.2019 KK/SAR/26.08.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/4