Madras High CourtCRL OP/13204/2016disposed of

Rajkumar v. The State Rep By

2016-07-01Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.13204 of 2016 1 RAJKUMAR 2 ARAVINTH 3 MAGESH 4 AYYAPPAN 5 MARIMUTHU ..

PETITIONERS/ ACCUSED NOS.1 TO 4 & 6.

Vs 1 THE STATE REP BY INSPECTOR OF POLICE, PORAIYAR POLICE STATION, PORAIYAR, NAGAPATTINAM DISTRICT, CR.NO.346/2016.

RESPONDENT / COMPLAINANT.

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned First Additional District Sessions Judge, Thanjavur to accept the surrender of the petitioner herein and consider the bail petitions concerned in Crime No.346 of 2016 on the file of the Inspector of police, Poraiyar Police station, Nagapattinam District on the same day itself.

For Petitioners :Mr.C.T.Saravanan For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned First Additional District Sessions Judge, Thanjavur to accept the surrender of the petitioners herein and consider the bail petition concerned in Crime No.346 of 2016 on the file of the Inspector of police, Poraiyar Police station, Nagapattinam District on the same day itself.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 323, 324, 379 IPC R/w Sec.3(1)(r), 3(1)(s), 3(2)(v a) Prevention of Attracity Amendment Act, 2015 and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot https://hcservices.ecourts.gov.in/hcservices/

move any anticipatory bail application and therefore, the petitioners have come forward with the said prayer.

3. The learned Additional Public Prosecutor takes notice for the respondent.

4.Considering the submissions of both sides and also considering the nature of the prayer in this case in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the learned First Additional District Sessions Judge, Thanjavur, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.346 of 2016 on the file of the respondent police, and dispose of the same on merits and in accordance with law.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar sms To

1. The First Additional District and Sessions Judge, Thanjavur

2. The Inspector of Police, Poraiyar Police Station, Poraiyar, Nagapattinam District,

3. The Public Prosecutor, High Court, Madras.

+ 1 CC to Mr.C.T.Saravanan, Advocate SR NO 37320 Crl.OP.No.13204 of 2016 TM[CO] GP/22.7.

https://hcservices.ecourts.gov.in/hcservices/