Madras High CourtCRL OP(MD)/1027/2017disposed of

Sakthivel, v. The Deputy Superintendent Of

2017-01-31Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1027 of 2017 1.Sakthivel 2.Subramani 3.Mavali 4.Prabhu : Petitioners/A1 to A4 -vs1.The Deputy Superintendent of Police, Alangudi, Pudukottai District.

2.The Inspector of Police, Malaiyur Police Station, Pudukottai District.

(Crime No.10 of 2017) :

Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal Sessions Judge-cum-Special Judge for PRC cases, Pudukottai, to consider the bail application of the petitioners/A1 to A4, if any filed by them on their surrender on the same day in Crime No.10 of 2017 on the file of the 2nd respondent.

For Petitioners : Mr.P.Ganapathi Subramanian For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned Principal Sessions Judge-cum-Special Judge for P.C.R. Cases, Pudukottai, to accept the surrender of the petitioners and consider their bail application on the same day on merits, in relating to Crime No.10 of 2017, on the file of the respondents police.

2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 294(b), 323, 506(ii) IPC and section 3(1) of TNPPDL Act and Section 3(1)(r)(s), 3(2)(v-a) of SC/ST (POA) Amendment Act, 2015, in Crime No.10 of 2017 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of https://hcservices.ecourts.gov.in/hcservices/

Atrocities) Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the present petition for the said prayer.

3.Heard Mr.K.Anbarasan, the learned Government Advocate (Crl.Side), who takes notice for the respondents. 4.Considering the submissions of both sides, this criminal original petition is disposed of with the following direction:- The petitioners are directed to surrender before the learned Principal Sessions Judge-cum-Special Judge for P.C.R. Cases, Pudukottai, within fifteen days from today and if they filed any bail application in this crime number, learned Principal Sessions Judge-cum-Special Judge for P.C.R. Cases, Pudukottai, is directed to dispose of the application, after giving notice to the concerned Public Prosecutor, purely on merits and in accordance with law on the same day itself.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1.The Deputy Superintendent of Police, Alangudi,Pudukottai District.

2.The Inspector of Police, Malaiyur Police Station, Pudukottai District.

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

4.Principal Sessions Judge-cum Special judge, for P.C.R cases , Pudukottai.

+1cc to M/s.P.GANAPATHI SUBRAMNIAN, Advocate in SR. No.5537 ER JS/RSK/SAR.3/03.02.2017/2P-5C Crl.O.P.(MD) No.1027 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 31.01.2017