Madras High CourtCRL OP/20807/2016disposed of

Mani Aged 25 Yrs v. The Inspector Of Police

2016-09-15Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.20807 of 2016 1.Mani 2.Veerapandian @ Ezhilarasan 3.Manickavasagam 4.Sathiyaraj ... Petitioners Vs State rep. by The Inspector of Police, Mayiladuthurai Police Station, Nagapattinam District.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned I Addl. District and Sessions Judge [PCR], Thanjavur to accept the surrender of the petitioners herein before him concerned in Crime No.635 of 2016 on the file of the Inspector of Police, Mayiladuthurai Police Station, Nagapattinam District and consider their bail petition on the same day itself.

For Petitioners : Mr.G.Vinod Kumar For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the learned I Additional District and Sessions Judge [PCR], Thanjavur to consider the bail application of the petitioners on the same day on their surrender in Crime No.635 of 2016 pending on the file of the respondent.

2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 341, 294[b], 323 and 506[i] IPC, r/w Section 3[1][r], 3[1][s] and 3[2][va] of SC&ST [POA] Amendment Act, 2015 and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the said prayer. https://hcservices.ecourts.gov.in/hcservices/

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 said Act that the petitioners cannot move any anticipatory bail, the learned I Additional District and Sessions Judge [PCR], Thanjavur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.635 of 2016 on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order and dispose of the same on merits and in accordance with law on the same day.

With the above observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gya To 1.The I Additional District and Sessions Judge [PCR], Thanjavur.

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

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Vinoth Kumar, Advocate, S.R.No.52480 CRL.OP.No.20807 of 2016 NM(CO) CA(16/09/2016) https://hcservices.ecourts.gov.in/hcservices/