Madras High CourtCRL OP(MD)/12150/2016disposed of

Suriya v. The Deputy Superintendent Of

2016-07-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.12150 of 2016 1.Suriya 2.Mani .. Petitioners/Accused No.2 & 3 Vs.

The State rep. by 1.The Deputy Superintendent of Police Manamadurai, Sivagangai District 2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District .. Respondents/Complainant (Crime No. 348 of 2016) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Special Judge for SC/ST(Prevention of Atrocities) Act/3rd Additional District & Sessions Judge (PCR Unit) (*) Sivagangai to consider the bail application of the petitioners on the same day of their surrender in Crime No.348 of 2016 on the file of the respondent police.

For Petitioner : Mr.S.Madhankumar 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.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The petitioners are arrayed as accused Nos.2 & 3 in Crime No.348/2016 in respect of the offences under Sections 147, 294(b), 506(i) IPC and r/w 3 (1)(r)(s) of SC/ST (POA) Act 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. https://hcservices.ecourts.gov.in/hcservices/ 4.Learned Government Advocate (Crl. Side) takes notice for the

respondent and submits, on instructions, that nobody got injured and no weapon is used and the 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 petitioners cannot move any anticipatory bail, the 3rd Additional District and Sessions Judge (PCR Unit), (*) 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.348/2016 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(T&P) (*)Corrected as per the order of this Court dated 16.08.2016 made in Crl MP(MD).No.6859/16 in Crl.OP.(MD).12150/16 /True Copy/ Sub Assistant Registrar.

To To be substituted for the order already despatched on 22.07.2016. 1.The 3rd Additional District and Sessions Judge (PCR Unit), Sivagangai 2.The Deputy Superintendent of Police Manamadurai, Sivagangai District 3.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1CC to M/S.S.Madha Kumar, Advocate, SR.No. 45486 Crl.O.P(MD)No.12150 of 2016 20.07.2016 RR AM/NGM.MP/SAR-II/22.07.2016/2P/6C SMA/AAL-MPA/24/08/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/