Madras High CourtCRL OP(MD)/1161/2017disposed of

V.Raja 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.1161 of 2017 1.V.Raja 2.Vairakodai @ Vairam : Petitioners/A1 and A2 -vs1.The Deputy Superintendent of Police, Samayanallur Sub Division, Samayanallur, Madurai District.

2.State represented by Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District. : Respondents/Complainants (Crime No.696/2016) Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the III Additional District and Sessions Judge (PCR Court), Madurai, to consider the bail application of the petitioner to be filed in Crime No.696 of 2016 on the file of the 2nd respondent police and to accept their surrender on the same day on merits.

For Petitioners : Mr.M.Murugesan for Mr.R.Ganesan For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the III Additional District and Sessions Judge (PCR Court), Madurai, to accept the surrender of the petitioners and to consider their bail application on the same day in connection with Crime No.696 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 294(b), 448, 506(i) r/w section 3(1)(r) and 3(1)(s) of SC/ST Amendment Act 2015, in Crime No.696 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. https://hcservices.ecourts.gov.in/hcservices/ 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 III Additional District and Sessions Judge (PCR Court), Madurai, within fifteen days from today and if they filed any bail application in this crime number, the III Additional District and Sessions Judge (PCR Court), Madurai, 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 Registra To:

1.The Deputy Superintendent of Police, Samayanallur Sub Division, Samayanallur, Madurai District.

2.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

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

+1cc to Mr.R.Ganesan,Advocate,sr no 5886.

er ms/skn.ksk/sar-2/6.2.2017/2p.6c Crl.O.P.(MD) No.1161 of 2017 02.02.2017 https://hcservices.ecourts.gov.in/hcservices/