Madras High CourtCRL OP(MD)/11869/2019ordered

Venkateswari v. The Deputy Superintendent Of Police

2019-08-26Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN 1.Venkateswari 2.Madeswari @ Mariyammal

...Petitioners/Accused Nos.3 & 4

Vs.

1.The Deputy Superintendent of Police, Jeeyapuram Region, Jeeyapuram, 2.The Inspector of Police, Manachanallur Police Station, Manachanallur, Trichy District in Crime No.186 of 2019.

... Respondents 1 & 2/Complainants 3.Vijaya ... 3rd Respondent/ Defacto Complainant PRAYER: Petition is filed under Section 482 of Criminal Procedure Code to direct the learned District Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Trichy District to accept the surrender of the petitioners and consider the petitioners bail application and grant bail on the date of surrender itself in Crime No.186 of 2019 on the file of the respondent.

For Petitioners : Mr.K.Arunraj For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

The petitioners seek for a direction to the learned District Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Trichy District to accept the surrender of the petitioners and consider the petitioners bail application and grant bail on the date of surrender itself in Crime No.186 of 2019 on the file of the respondent. 1/3

2. The petitioners are the accused Nos.3 and 4 for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of I.P.C. r/w. Sections 3(1)(r), 3(1)(s) and 3(2) (va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989, in Crime No.186 of 2019, pending on the file of the 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) Act, 1989, this Court feels it appropriate to direct the petitioners to surrender before the learned District Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, 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 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 District Sessions Judge (Special Court for SC/ST) (Prevention of Atrocities) Act, 1989, 2.The Deputy Superintendent of Police, Jeeyapuram Region, Jeeyapuram, 2/3

3.The Inspector of Police, Manachanallur Police Station, Manachanallur,

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

+1 CC to M/s.K. ARUN RAJ, Advocate ( SR-83394[F] dated 26/08/2019 ) Order made in Dated:

26.08.2019 akv JMN(29.08.2019) 3P : 6C 3/3