Disposed

Chinnadurai v. The Superintendent of police

Madras HC30 Aug 2019CRL OP(MD)/12228/2019

Case brief

AI extract

What is this about?

A Criminal Original Petition was filed seeking direction to accept surrender and consider bail on merits. The High Court noted that anticipatory bail is not available for offences under the Atrocities Act and directed surrender within two weeks with a mandate for immediate bail consideration. It also directed compliance with Section 15-A proviso of the Act.

What did the court decide?

Direct petitioners to surrender within two weeks; direct trial Judge to consider bail application on merits and pass orders on the same day; direct compliance with Section 15-A(5).

Chinnadurai Vs The Superintendent of… — Constitutional and Fundamental Rights | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 30.08.2019

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CORAM

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THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

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CRL.O.P.(MD).No.12228 of 2019

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1.Chinnadurai

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2.Bharathi

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: Petitioners/ Accused 1 & 2

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Vs.

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1.The Deputy Superintendent of Police, Illupur Sub Division,, Pudukkottai District.

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2.State, rep. by Inspector of Police, Illupur Police Station, Pudukkottai District, (Cr.No.119 of 2019). : Respondents 1 & 2/ Complainant

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3.Rajagopal : 3^rd Respondent/ Complainant

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PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct 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 in relating to Crime No.119 of 2019, dated 26.08.2019 on the file of the respondent police.

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For Petitioners : Mr.D.Rameshkumar For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl. Side)

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ORDER

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The petitioners seek for a direction to the learned Principal District and Sessions Judge (PCR Court), Pudukkottai, to accept their surrender and consider their bail application on the same day on merits, relating to Crime No.119 of 2019, dated 26.08.2019 on the file of the respondent police.

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The petitioners are the accused Nos.1 and 2 for the offences punishable under Sections 147, 148, 294(b) and 506(ii) of the Indian Penal Code r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.119 of 2019, pending on the file of https://hcservices.ecourts.gov.in/hcservices/ the respondent police and apprehending arrest, they have filed the present petition.

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Heard the learned counsel appearing on either side and perused the materials available on record.

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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) Amendment Act, 2015, this Court feels it appropriate to direct the petitioners to surrender before the learned Principal District and Sessions Judge (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 petitioners on merits and pass appropriate orders on the same day of their surrender. The petitioners are directed to comply with the provisions under Section 15-A(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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