Madras High CourtCRL OP(MD)/12006/2019ordered

Selvam @ Michael v. The Deputy Superintendent Of Police

2019-08-28Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.12006 of 2019 Selvam @ Michael Raj : Petitioner Vs.

1. The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

2. State:

Rep. The Inspector of Police, Alangudi Police Station, Alangudi, Pudukkottai Dsitrict.

(Crime No.103 / 2019) : Respondents/Complainants 3.Vigneshwaran : Respondents/ Defactive Complainant 4.Raja 5.Mangayee 6.Vijaya 7.Kavithiran 8.Manoj : Respondents 4 to 8/Victims PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned Principal District and Sessions Judge (PCR Court), Pudukkottai to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No.103 of 2019 dated 26.06.2019. For Petitioner : Mr.A.V.Rajasekaran For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioner seeks for a direction to the learned Principal District and Sessions Judge (PCR Court), Pudukkottai, to consider his bail application to be filed in Crime No.103 of 2019 on the file of the second respondent police and to accept his surrender on the same day on merits.

2. The petitioner is the accused for the offences punishable under Section 147, 148, 324, 506(2) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act r/w Sections 3 (1)(r), 3(1)(s), 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989, in Crime No.103 of 2019, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition. https://hcservices.ecourts.gov.in/hcservices/

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 the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioner to surrender before the learned Principal District and Sessions Judges (PCR Court), Pudukkottai, 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 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 ) To 1.The Principal District and Sessions Judges (PCR Court), Pudukkottai.

2.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

3.The Inspector of Police, Alangudi Police Station, Alangudi, Pudukkottai Dsitrict.

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

+1 CC to Mr.A. V. RAJASEKARAN, Advocate ( SR-83771[F] dated 28/08/2019 ) Order made in CRL.O.P.(MD).No.12006 of 2019 Dated:28.08.2019 ta MK (09.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/