Madras High CourtCRL OP(MD)/1253/2017disposed of

Subramaniyan v. The Assistant Superintendent

2017-02-08Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1253 of 2017 1.Subramaniyan 2.Subash 3.Subramaniyan @ Siva Subramanian 4.Vijayakumar 5.Sakthi @ Sakthivel : Petitioners/A2 to A6 -vs1.The Assistant Superintendent of Police, Nanguneri Division, Tiruneveli District.

2.The Inspector of Police, Kalakkad Police Station, Tiruneveli District. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.7 of 2017 on the file of the Inspector of Police, Kalakkad Police Station, Tirunelveli District.

For Petitioners : Mr.A.Sankararamasubramanian For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the II Additional District & Sessions Judge (PCR Court), Tiruneveli, to accept the surrender of the petitioners and consider the bail application on the same day, on merits, in connection with the case in Crime No.7 of 2017.

2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 147, 294(b), 323, 506(i) IPC r/w 3(1) (r & s) of SC & ST (Prevention of Atrocities) Amendment Ordinance 2014 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 https://hcservices.ecourts.gov.in/hcservices/

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 II Additional District & Sessions Judge (PCR Court), Tirunelveli, within fifteen days from today and if they filed any bail application in this crime number, the II Additional District & Sessions Judge (PCR Court), Tirunelveli, 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 II Additional District and Sessions Judge (PCR Court), Tirunelveli.

2.The Assistant Superintendent of Police, Nanguneri Division, Tiruneveli District.

3.The Inspector of Police, Kalakkad Police Station, Tiruneveli District.

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

+1CC to M/S. A.Sankara Rama Subramanian, Advocate, SR.No. 7204 Crl.O.P.(MD) No.1253 of 2017 08.02.2017 er AM/SKN/SAR-1/10.02.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/