Madras High CourtCRL OP(MD)/1709/2017disposed of

Pounraj v. Deputy Superintendent Of Polic

2017-02-16Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1709 of 2017 1.Pounraj 2.Jegadeesh 3.Vignesh 4.Chellamuthu 5.Padmanathan 6.Gunasekaran 7.Udayakumar 8.Chakravarthy 9.Jegadeeswaran 10.Silambarasan 11.Ramki 12.Jeyapaul 13.Ajith 14.Saravanan 15.Prabhu : Petitioners/A2 to A16 -vs1.The State rep. by its Deputy Superintendent of Police, Melur, Madurai District.

2.Inspector of Police, Keelavalavu Police Station, Madurai District.

In Crime No.75 of 2017 : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned III Additional Sessions-cum-PCR Court, Madurai District (Special Court for SC/ST Act cases), to consider the bail application of the petitioners in Crime No.75 of 2017 on the file of the 2nd respondent on the same day of the surrender and dispose the same on its merits and in accordance with law.

For Petitioners : Mr.J.Vijayaraja For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This petition has been filed, seeking to direct the III Additional Sessions-cum-PCR Court, Madurai District (Special Court for SC/ST Act cases), to accept the surrender of the petitioners and consider the bail application on the same day, on merits, in connection with the case in Crime No.75 of 2017. 2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 147, 148, 294(b), 323, 324, 506(ii) IPC r/w 3(2)(va) of ST/ST (Prevention of Atrocities) Amendment of Ordiance 2014, in Crime No.75 of 2017 and that in view of the specific bar under Section 18 of the SC & 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, the 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 III Additional Sessions-cum-PCR Court, Madurai District (Special Court for SC/ST Act cases), within fifteen days from today and if they filed any bail application in this crime number, the III Additional Sessions-cum-PCR Court, Madurai District (Special Court for SC/ST Act cases), 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 III Additional Sessions-cum-PCR Court, Madurai District 2.The Deputy Superintendent of Police, Melur, Madurai District. 3.Inspector of Police, Keelavalavu Police Station, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to M/s.J.Vijayaraja, Advocate in SR.No.8580 er CSL/CM-MSA/SAR-II/21.02.2017 : 2P/6C Crl.O.P.(MD) No.1709 of 2017 16.02.2017 https://hcservices.ecourts.gov.in/hcservices/