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Madras High CourtCRL OP(MD)/12208/2019ordered

Mahendrapirabu v. The Deputy Superintendent Of Police

2019-08-30Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.12208 of 2019 Mahendrapirabu : Petitioner/Rank not known Vs.

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

2.The Inspector of Police, Chathirapatti Police Station, Dindigul District, Crime No.100 of 2019.

...2nd Respondent/Complainant 3.Selvi ...3rd Respondent/De-Facto Complainant 4.Kaliyappan 5.Saraswathi 6.Nagammal 7.Durgaiammal 8.Ramakrishnan ... Respondents 4 to 8/Victim PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned Principal District and Sessions Judge, Dindigul, to consider the bail application of the petitioner in Crime No.100 of 2019 on the same date of surrender and dispose the same on its merits and in accordance with law. For Petitioner : Mr.N.Ananthapadmanabhan, For M/s.APN Law Associates For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) ******

ORDER

The petitioner seeks for a direction to the learned Principal District and Sessions Judge, Dindigul, to consider his bail application, in Crime No.100 of 2019 on the same date of surrender and dispose of the same on merits and in accordance with law.

2. The petitioner is the accused for the offences punishable under Sections 147, 148, 294(b), 323, 336 of the Indian Penal Code and Section 3(1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.100 of 2019, pending on the file of the 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 Judge, 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 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 (C.O) // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal District and Sessions Judge, Dindigul.

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

3.The Inspector of Police, Chathirapatti Police Station, Dindigul District.

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

+1 CC to M/r.N.ANANTHAPADMANABAN, Advocate SR-85062. Order made in CRL.O.P.(MD).No.12208 of 2019 Dated:

30.08.2019 CS(09.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/