Madras High CourtCRL OP(MD)/12093/2019ordered

Senthilkumar v. The Deputy Superintendent Of Police

2019-08-29Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 29.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.12093 of 2019

1. Senthilkumar

2. Santhi

3. Chinnammal

4. Rasu

5. Lakshmi ... Petitioners / Accused Nos.1,4 to 7 -Vs1.The Deputy Superintendent of Police, Illuppur, Pudukkottai District.

2. The Inspector of Police, Illuppur Police Station, Pudukkottai District, Crime No.113 of 2019.

... Respondents/ Complainants

3. Premkumar ... 3rd Respondent/ Defacto Complainant

4. Muthan

5. Rajeswari ... Respondents 4 & 5/ Victims Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge (PCR) Court, Pudukkottai to accept the surrender of the petitioner and consider their bail application on the same day on merits relating to Crime No.113 of 2019, dated 18.08.2019. For Petitioner :

Mr.D.Rameshkumar For R1 and R2 :

Mr.K.Suyambulinga Bharathi Government Advocate (criminal side)

O R D E R

The petitioner seeks for a direction to the learned Principal District and Sessions Judge (PCR) Court, Pudukkottai to accept the surrender of the petitioners and consider their bail application on

the same day, on merits relating to Crime No.113 of 2019, dated 18.08.2019.

2. The petitioners are accused Nos.1, 4 and 7 for the offences punishable under Sections 147, 148, 294(b), 341, 324, 506(ii) of I.P.C. r/w. 3(1)(s), 3(1)(r) and 3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, 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 Principal District and Sessions Judge, (PCR) Court, Pudukottai, 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 (CS-II) // True Copy // Sub Assistant Registrar To 1.The Principal District and Sessions Judge (PCR) Court, Pudukkottai.

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

3. The Inspector of Police, Illuppur Police Station, Pudukkottai District,

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

Crl.O.P.(MD).No.12093 of 2019 29.08.2019 AKV MS/10.09.2019/3P.5C