Madras High CourtCRL OP(MD)/14304/2016disposed of

R.Ravi v. The Inspector Of Police

2016-08-17Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.14304 of 2016 1.R.Ravi 2.R.Balakrishnan .. Petitioners Vs.

State through the Inspector of Police, Siruganoor Police Station, Trichy District Crime No.282/2016 .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to accept the surrender of the petitioners before the special Court for SC/ST Atrocities Act i.e.The I Additional District and Sessions Judge(Special Court for PCR cases) at Trichy Trichy district in connection with Cr.No.282 of 2016 on the file of the respondent police and to consider the bail application filed by the petitioners on the same day.

For Petitioner : Mr.C.Jeganathan For respondents : Mr.K.V.Rajarajan 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 petitioners and the learned Government Advocate (Crl. Side) for the respondents. 3.The petitioners are arrayed as accused No.1 and 2 in Crime No.282/2016 in respect of the offences under Sections 294(b), 323, 506(i) IPC r/w Section 4 of Women Harassment Act read with 3 (1) (r) (s), 3(2),(VA) 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. 4.Learned Government Advocate (Crl. Side) takes notice for the respondent and submits, on instructions, that A2/the 2nd petitioner in this case has already been arrested and released on bail and https://hcservices.ecourts.gov.in/hcservices/

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 learned I Additional District and Sessions Judge(Special Court for PCR cases) Trichy, Trichy 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.282/2016 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(AE) /True Copy/ Sub Assistant Registrar.

To 1.The I Additional District and Sessions Judge (Special Court for PCR cases) Trichy Trichy district 2.The Inspector of Police, Siruganoor Police Station, Trichy District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+1CC to M/S.C.Jeganathan, Advocate, SR.No. 45241 Crl.O.P(MD)No.14304 of 2016 17.08.2016 RR AM/AAL.MPA/SAR-I/22.08.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/