Madras High CourtCRL OP(MD)/11776/2019disposed of

S.Gnanaguru 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.11776 of 2019 1.S.Gnanaguru 2.Vetrikumar 3.Sekar 4.Eswaran 5.Saravanan 6.Sundar : Petitioners Vs.

1.The Deputy Superintendent of Police, Nilakottai, Dindigul District.

2.The State represented by the Inspector of Police, Pattiveeranpatti Police, Dindigul District.

(In Crime No.296 of 2019) 3.Sureshpandi 4.Saravanan 5.Jeyasurya 6.Kathiresan : Respondents PRAYER: Petition is filed under Section 482 of Criminal Procedure Code to direct the learned Principal and District Sessions Judge and (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Dindigul, to accept the surrender of the petitioners and consider their bail applications and grant bail on the same date of surrender itself in connection with the case in Crime No.296 of 2019, registered on 12.08.2019, on the file of the second respondent.

For Petitioners : Mr.J.Lawrance For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl, side)

ORDER

This Petition has been filed to direct the learned Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Dindigul, to accept the surrender of the petitioners and consider their bail applications and grant bail on the same date of surrender itself in connection with the case in Crime No.296 of 2019, registered on 12.08.2019, on the file of the second respondent.

2. The petitioners are arrayed as accused Nos.1 to 6 for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506 (2) and Sections 3 (1) (r) and 3 (1) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.296 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 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 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, 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(CO) // True Copy // Sub Assistant Registrar(CS) tsg To 1.The Principal District and Sessions Judge, Special Court for S.C./ S.T.

(Prevention of Atrocities) Act, 1989, Dindigul.

2.The Deputy Superintendent of Police, Nilakottai, Dindigul District.

3.The Inspector of Police, Pattiveeranpatti Police, Dindigul District.

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

+1CC TO MR.J.LAWRANCE, Advocate Sr. No. 83048 Order made in CRL.O.P.(MD).No.11776 of 2019 Dated: 22.08.2019 GRL(CO) TR (28.08.2019) 3P 6C