Madras High CourtCRL OP(MD)/12795/2017ordered

S.Kumar @ Ganesan v. The Inspector Of Police

2017-09-27Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN CRL.O.P.(MD)No.12795 of 2017

1. S.Kumar @ Ganesan

2. S.Sekaran

3. K.Boominathan

4. K.Annadurai

5. K.Manikandan

6. Ramalingam : Petitioners/Accused No.1 to 6 -Vs1. State represented by The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

(Crime No.168 / 2017) : Respondent/Complainant

2. Kanniah :2nd Respondent/Defacto -complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the learned Principal District Judge (PCR) Sivagangai, to accept the surrender of the petitioners and consider the bail application of the petitioners on the very same day in Crime No.168 of 2017, on the file of the respondent police. For Petitioners : Mr.P.Balasubramanian For Respondents : Mr.K.Anbarasan Government Advocate(Crl.Side)

ORDER

This application has been filed seeking a direction to the Court, which is dealing with the SC/ST Act cases to consider the bail application on the day of surrender itself. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the first respondent. 3.The petitioners are arrayed as accused in Crime No.168/2017 in respect of the offences under Sections 147, I.P.C., read with 3

(1) (za) (A) of SC/ST (POA) Act 2015 and that in view of the https://hcservices.ecourts.gov.in/hcservices/

specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the said prayer. 4.Considering the submissions of both sides and also considering the nature of the prayer in this case in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned Principal District Judge (PCR), Sivagangai, is directed to accept the surrender of the petitioners and consider their bail application, in the event of the petitioners filing such petition in Crime No.168/2017 on the file of the respondent police and dispose of the same on merits and in accordance with law on the same day.

5.This petition is disposed of accordingly.

Sd/- Assistant Registrar / Vacation Officer /True copy/ Sub Assistant Registrar To

1. The Principal District Judge (PCR), Sivagangai

2. The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

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

+ 1 CC TO MR.P.Balasubramanian, ADVOCATE IN SR No.81241 das/am/ta MK/KP/SAR-3/04.10.2017/2P/5C CRL.O.P.(MD)No.12795 of 2017 27.09.2017 https://hcservices.ecourts.gov.in/hcservices/