Pandiselvam v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2019
CORAM
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.12205 of 2019 Pandiselvam [wrongly mentioned as Pandi Sekar in FIR] : Petitioner Vs.
State represented by its 1.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Melur, Madurai District.
2.The Inspector of Police, Melur Police Station, Melur, Madurai District.
(In Crime No.325 of 2019).
3.Karunakaran 4.Karthikumaran : Respondents PRAYER: Petition is filed under Section 482 of Criminal Procedure Code praying to direct the learned Additional District and Sessions Judge No.III, [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Madurai, to accept the surrender of the petitioner and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.325 of 2016, dated 06.04.2016 on the file of the second respondent police.
For Petitioner : Mr.V.Muthusamundeeswaran For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side)
ORDER
The petitioner seeks for a direction to the learned Additional District and Sessions Judge No.III, [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Madurai, to accept his surrender and consider his bail application and grant bail on the date of surrender itself, in Crime No.325 of 2016, dated 06.04.2016 on the file of the second respondent police.
2. The petitioner is the seventh accused for the offences punishable under Sections 147, 294(b), 323, and 506(i) of the Indian
Penal Code r/w Section 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, in Crime No.325 of 2016, pending on the file of the second respondent police and apprehending arrest, he has 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 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) Act, this Court feels it appropriate to direct the petitioner to surrender before the learned Additional District and Sessions Judge No.III, [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Madurai, 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 To 1.The Additional District and Sessions Judge No.III, [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Madurai.
2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Melur, Madurai District.
3.The Inspector of Police, Melur Police Station, Melur, Madurai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.V. MUTHU SAMUNDEESWARAN, Advocate ( SR-84905[F] dated 03/09/2019 ) Order made in CRL.O.P.(MD).No.12205 of 2019 Dated:30.08.2019 SML MS/06.09.2019/3P.6C