Karunakaran v. The Sp, Ariyalur

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.23673 of 2018 1.Karunakaran 2.Mazharkodi .. Petitioners Vs 1.The Superintendent of Police, Ariyalur District.

2.The Inspector of Police, T.Palur Police Station, Udayarpalayam Taluk, Ariyalur District. (Crime No.39 of 2018) .. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District and Sessions Judge, Ariyalur to consider the bail application of the petitioners concerned in Crime No.39 of 2018 on the file of the Inspector of Police T.Palur Police Station, Udayarpalayam Taluk, Ariyalur District on their surrender on the same day itself, on such terms and conditions.

For Petitioners : Mr.S.Nagarajan For Respondents : Mr.C.Raghavan, GA

O R D E R

The learned counsel for the petitioners submit that the petitioners have come forward with this petition seeking for a direction to the learned Principal District and Sessions Judge, Ariyalur to consider the bail application of the petitioners on the same day on their surrender in Crime No.39 of 2018 pending on the file of the respondent.

2. The learned counsel for the petitioners also submit that the petitioners have been implicated in this case for the alleged offences under Section 174(3)(iv) Cr.P.C. @ to 306 of IPC r/w Section 3(2)(v) of SC/ST [POA] Act, 1989 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.

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3. The learned Government Advocate takes notice for the respondent.

4.Taking into consideration the fact that Veerathamizhan and Jagadeeswari, who were in love with each other had committed suicide, this Court is of the view that this is a fit case in which, usual directions can be issued.

5.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 SC/ST [POA] Act that the petitioners cannot move any anticipatory bail, the learned Principal District and Sessions Judge, Ariyalur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.39 of 2018 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(CS VIII) //True Copy// Sub Assistant Registrar dua To

1. The Principal District and Sessions Judge, Ariyalur.

2. Inspector of Police, T.Palur Police Station, Udayarpalayam Taluk, Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Nagarajan, Advocate, S.R.No.69304 CRL.OP.No.23673 of 2018 GJ(CO) rrs 09/10/2018 https://hcservices.ecourts.gov.in/hcservices/