Madras High CourtCRL OP(MD)/1254/2016disposed of

Prasath v. The Deputy Superintendent Of

2016-02-09Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.1254 of 2016 1.Prasath 2.Narayanan .. Petitioners/Accused Nos.2 and 4 Vs 1.The Deputy Superintendent of Police, Thiruvidaimaruthur, Thanjavur District.

2.State represented by The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

(Cr.No.20 of 2016) ..Respondents/Complainants Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned I Additional District and Sessions Judge (PCR Court), Thanjavur to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime NO.20 of 2016, dated 17.01.2016 on the file of the respondent police.

For Petitioner :Mr.S.Rajaprabu For Respondents :Mr.A.P.Balasubramani Government Advocate (Crl.Side) ***

O R D E R

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the learned I Additional District and Sessions Judge (PCR Court), Thanjavur to consider the bail application of the petitioners on the same day on their surrender in Crime No.20 of 2016 pending on the file of the respondent.

2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 341, 294(b), 323, 324, 392 I.P.C. r/w 3(1) (r)(s), 3(2)(v-a) of SC/ST Act, 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.

3. The learned Government Advocate(Crl.Side) takes notice for the respondents.

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 petitioners cannot move any anticipatory bail, the learned I Additional District and Sessions Judge (PCR https://hcservices.ecourts.gov.in/hcservices/

Court), Thanjavur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.20 of 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 /True Copy/ Sub Assitant Registrar ssl To 1.The Deputy Superintendent of Police, Thiruvidaimaruthur, Thanjavur District.

2. The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

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

+One CC to M/s.Rajaprabu, Advocate in Sr.No.7802 CN/MPA/17.2.2016/5c-2p Crl.O.P.(MD)No.1254 of 2016 09.02.2016 https://hcservices.ecourts.gov.in/hcservices/