Madras High CourtCRL OP(MD)/1286/2017disposed of

Nagaraj v. The Deputy Superintendent Of

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.1286 of 2017 1.Nagaraj 2.Sivarajan 3.Murugaiyan : Petitioners -vs1.The Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

2.The Inspector of Police, Thiruchitrambalam Police Station, Thiruchitrambalam and Post, Thanjavur District. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st Additional Sessions Judge-cum-PCR court, Thanjavur, to accept the surrender of the petitioners and to consider the bail application on the same day on merits, which would be filed by the petitioners in Crime No.202 of 2016 on the file of the respndent police.

For Petitioners : Mr.T.Murugan For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the 1st Additional Sessions Judge-cum-PCR court, Thanjavur, 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.202 of 2016.

2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 147, 148, 341, 294(b), 324, 336 and 506(ii) IPC r/w section 3(1)(r)(a), 3(2)(va) SC/ST Atrocities Act and that in view of the specific bar under Section 18 of the SC & S.T. https://hcservices.ecourts.gov.in/hcservices/

(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.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 the 1st Additional Sessions Judge-cum-PCR court, Thanjavur, within fifteen days from today and if they filed any bail application in this crime number, the 1st Additional 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 Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

2.The Inspector of Police, Thiruchitrambalam Police Station, Thiruchitrambalam and Post, Thanjavur District.

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

+1cc to M/s.T.Murugan Advocate in SR. No.6971 er js/cm/msa/10.02.2017/2p-5c Crl.O.P.(MD) No.1286 of 2017 08.02.2017 https://hcservices.ecourts.gov.in/hcservices/