Madras High CourtCRL OP(MD)/6759/2016disposed of

Panchavarnam v. The Inspector Of Police

2016-04-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.6759 of 2016 1.Panchavarnam 2.Mani ... Petitioners / Accused 1 & 3 vs.

The State rep.by its The Inspector of Police Uthappanaickanur Police Station Madurai District (Crime No.65 of 2016) ... Respondent / Complainant PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned III Additional District and Sessions Judge (P.C.R.Court), Madurai to accept the surrender of the petitioners and to consider the bail application on the same day in accordance with law of their surrender in connection with Crime No.65 of 2016, on the file of the Inspector of Police, Uthappanickanur Police Station, Madurai District.

For Petitioners : Mr.C.M.Mari Chelliah Prabhu For Respondent :

Mrs.S.Prabha, G.A.(Crl.Side)

O R D E R

The learned counsel appearing for the petitioners has submitted that the petitioners have come forward with this petition seeking for a direction to the learned III Additional District and Sessions Judge, P.C.R.Court, Madurai, to consider the bail application of the petitioners on the same day on their surrender in Crime No.65 of 2016, pending on the file of the respondent Police.

2. The learned counsel for the petitioners has also submitted that the petitioners have been implicated in this case for the alleged offences under Sections 294(b), 323, 506(i) I.P.C., r/w Section 3(2)(v)(a) of SC/ST 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 Government Advocate (Criminal Side) 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 III Additional District and Sessions Judge, P.C.R.Court, Madurai, is directed to accept the surrender of the petitioners and consider their bail application, in the event of the petitioners filing such petition in Crime No.65 of 2016, on the file of the respondent Police, and dispose of the same on merits and in accordance with law on the same day.

5. With the above observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The III Additional District and Sessions Judge, P.C.R.Court, Madurai.

2.The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.C.M.Mari Chelliah Prabhu, Advocate, SR.No.22682 krk RL/5C/2P/NGM/SS/2/5/2016 Crl.O.P(MD).No.6759 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 22.04.2016