Madras High CourtCRL OP(MD)/13188/2017ordered

Devendran, S/O.Sivasamy, v. The Deputy Superintendent Of

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.13188 of 2017 1.Devendran 2.Paramasivam 3.Raja 4.Guna 5.Kumaresan 6.Seeni Karuppiah 7.Sivanandam 8.Muthukrishnan : Petitioners/Accused Nos.2, 4, 5, 8, 9, 10, 12 and 13 -Vs1.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

2.The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

(Crime No.210 / 2017) : Respondents/Complainants 3.Chithiraivelu : Respondent/Defacto -complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the learned Principal Sessions Judge, Pudukkottai, to consider the bail application on the same day on merits which would be filed by the petitioners in Crime No.210 of 2017 on the file of the respondent police.

For Petitioners : Mr.K.N.Govardhanan For R.1 & R.2 : Mr.A.Ramar Additional Public Prosecutor(Crl.Side)

O R D E R

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 petitioner and the learned Additional Public Prosecutor (Crl. Side) for the 1st and 2nd respondents.

3.The petitioners are arrayed as accused in Crime No.210/2017 in respect of the offences under Sections 147, 148, 307 of IPC and 3 (1)(r), 3(1) (s), 3(2) (va) of SC/ST Amendment Act and that in view https://hcservices.ecourts.gov.in/hcservices/

of the 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 Sessions Judge, Pudukkottai, 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.210/2017 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/- Vacation Officer /True Copy/ Sub Assistant Registrar To 1.The Principal Sessions Judge, Pudukkottai.

2.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

3.The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

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

+1cc to Mr.K.N.GOVARDHANAN Advocate in SR. No. 81226 DAS/AM/TA JS/SKN.RSK/SAR.3/4.10.2017/2P-6C CRL.O.P.(MD)No.13188 of 2017 27.09.2017 https://hcservices.ecourts.gov.in/hcservices/