Madras High CourtCRL OP(MD)/1095/2017dismissed

Chithra v. The Deputy Superintendent Of

2017-02-20Honourable 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.1095 of 2017 1.Chithra 2.Rajkumar 3.Pugalenthi 4.Vairavasundaram 5.T.R.Moorthy 6.Sivaperumal : Petitioners/A1 to A6 -vs1.The Deputy Superintendent of Police, Pattukottai Sub Division, Pattukottai, Thanjavur District.

2.The State rep. by its The Inspector of Police, Madukar Police Station, Thanjavur District. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned I Additional District and Sessions Judge-cum- (PCR Court),Thanjavur, to accept the surrender of the petitioners and to consider their bail application on the same day in connection Crime No.377 of 2016 on the file of the 2nd respondent police. For Petitioners : Mr.B.Jameel Arasu 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 I Additional District and Sessions Judge-cum- (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.337 of 2016 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 147, 506(i) of IPC r/w section 3(1)(r), 3 https://hcservices.ecourts.gov.in/hcservices/

(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act 2015, in Crime No.337 of 2016 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of 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.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 learned I Additional District and Sessions Judge-cum- (PCR Court),Thanjavur, within fifteen days from today and if they filed any bail application in this crime number, the learned I Additional District and Sessions Judge-cum- (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(RTI) /True copy/ Sub Assistant Registrar To:

1. The I Additional District and Sessions Judge-cum- (PCR Court),Thanjavur 2.The Deputy Superintendent of Police, Pattukottai Sub Division, Pattukottai,Thanjavur District.

3.The Inspector of Police, Madukar Police Station, Thanjavur District.

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

+1cc to Mr.B.Jameel Arasu, Advocate SR.No.6262 er sm:BS:08/02/2017:2P/6C Crl.O.P.(MD) No.1095 of 2017 02.02.2017 https://hcservices.ecourts.gov.in/hcservices/