Madras High CourtCRL OP(MD)/11334/2016disposed of

Chinnamal, v. The Inspector Of Police,

2016-07-12Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.11334 of 2016 1.Chinnamal 2.Babu ..Petitioners/Accused No 1 & 3 Vs.

State rep. by The Inspector of Police, SIPCOT Police Station, Sivagangai District Crime No.143 of 2016 .. Respondent/Complainant.

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Special Judge for P.C.R. Cases Sivagangai Sivagangai District to consider and dispose of the Bail Application filed by the petitioners in Crime No.143 of 2016 on the file of the Respondent herein on the same day of their surrender before the said Court.

For Petitioners : No appearance For respondents : Mr.A.P.Balasubramani Government Advocate (Criminal 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. There is no representation on behalf of the petitioners. Heard the learned Government Advocate (Crl. Side) for the respondents. 3.The petitioners are arrayed as accused Nos.1 and 3 in Crime No.143/2016 in respect of the offences under Sections 294(b), 323, 506 (ii) IPC and r/w 3 (1)(r)& 3(1)(s) of SC/ST (POA) Amendment Ordinance, 2014 and that in view 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.Learned Government Advocate (Crl. Side) takes notice for the respondent and submits, on instructions, that injured has been discharged from the hospital and investigation is almost completed. 5.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 https://hcservices.ecourts.gov.in/hcservices/

petitioners cannot move any anticipatory bail, the Special Judge for P.C.R. Cases, Sivagangai, Sivagangai District, 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.143/2016 on the file of the respondent police and dispose of the same on merits and in accordance with law on the same day.

With this observation, this petition is disposed of accordingly. Sd/ Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar.

To 1.The Special Judge for P.C.R. Cases Sivagangai Sivagangai District 2.The Inspector of Police, SIPCOT Police Station, Sivagangai District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1CC to M/S.R.Ilayaraja, Advocate, SR.No. 35871 Crl.O.P(MD)No.11334 of 2016 12.07.2016 RR AM/SK.SKN/SAR-III/18.07.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/