Madras High CourtCRL OP(MD)/1668/2017disposed of

Subasini Alias Rajikutti v. The Deputy Superintendent Of

2017-02-15Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1668 of 2017 1.Subasini @ Rajikutti 2.Bhavani : Petitioners/A1 and A2 -vs1. The Deputy Superintendent of Police, Lalgudi, Trichy District.

2. The Inspector of Police, Kallakudi Police Station, Trichy District. : Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned 1st Additional and District Judge (PCR cases), Tiruchirapalli, to accept the surrender of the petitioners on the same day and consider the bail application in Crime No.86 of 2017 on the file of the 2nd respondent and pass such other orders.

For Petitioners : Mr.C.Jeganathan for M/s.Veera Associates For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct learned 1st Additional and District Judge (PCR cases), Tiruchirapalli, to consider the bail application of the petitioners/A1 and A2 on the same day of their surrender in connection with the case in Crime No.86 of 2017 on the file of the respondents police. 2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 447, 294(b), 147, 148, 120(b), 323, 324, 506 (ii) r/w Section 34 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2) (va) of SC and ST (POA) Amended Act 2015, in Crime No.86 of 2017 and that in view of the specific bar under Section 18 of the SC & https://hcservices.ecourts.gov.in/hcservices/

S.T. (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.A.P.Balasubramani, 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 learned 1st Additional and District Judge (PCR cases), Tiruchirapalli, within fifteen days from today and if they filed any bail application in this crime number, the learned 1st Additional and District Judge (PCR cases), Tiruchirapalli, 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 I Additional and District Judge (PCR Cases), Trichy.

2. The Deputy Superintendent of Police, Lalgudi, Trichy District.

3. The Inspector of Police, Kallakudi Police Station, Trichy District.

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

+ 1 CC TO M/s.VEERA ASSOCIATES, IN SR No. 8443 ER TE/SV-MMS/SAR-I : 17/02/2017 : 2P/6C Crl.O.P.(MD) No.1668 of 2017 15.02.2017 https://hcservices.ecourts.gov.in/hcservices/