Madras High CourtCRL OP(MD)/1094/2017disposed of

Prabhu v. The Deputy Superintendent Of

2017-02-02Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1094 of 2017 1.Prabhu 2.Shanmugapriyan 3.Sakthivel 4.Manikandan 5.Dhiliphen : Petitioners/A1 to A5 -vs1.The Deputy Superintendent of Police, Thiruthuraipoondi Division, Tiruvarur District.

2.The State rep. by its The Inspector of Police, Thbiruthuraipoondi Police Station, Thiruvarur District. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Additional District and Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioners and consider their bail application on the same on merits, in connection with the Crime No.47 of 2017 on the file of the respondent police. For Petitioners : Mr.A.Arun Prasad For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned Additional District and Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioners and to consider their bail application on the same day in connection with Crime No.47 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 Section 3(1)(r), 3(2)(va) of SC/ST (POA) Act 2015, in Crime No.47 of 2017 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of Atrocities) Act, the https://hcservices.ecourts.gov.in/hcservices/

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.A.P.Balasubramani, 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 Additional District and Sessions Judge (PCR Court), Thanjavur, within fifteen days from today and if they filed any bail application in this crime number, the learned Additional District and Sessions Judge (PCR Court), Thanjavur, 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 Additional District and Sessions Judge, (PCR Court), Tanjore District 2.The Deputy Superintendent of Police, Thiruthuraipoondi Division, Tiruvarur District.

3.The Inspector of Police, Thbiruthuraipoondi Police Station, Thiruvarur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.A.Arun Prasad Advocate SR.No.6435 er sm:SV-MMS:SAR 2:08/02/2017:2P/6C Crl.O.P.(MD) No.1094 of 2017 02.02.2017 https://hcservices.ecourts.gov.in/hcservices/