Madras High CourtCRL OP(MD)/14563/2016disposed of

Kannathasan, 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.14563 of 2016 1.Kannathasan 2.Balaji 3.Chitra @ Vigneshwari ..Petitioners/Accused 1,4 & 5 Vs.

State through the Inspector of Police, All Women Police Station, Aruppukottai Crime No.22/2016 ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned Principal Sessions Judge Sriviliputhur to consider the bail application of the petitioners on the same day of surrender in Crime No. 22 of 2016 on the file of the Respondent Police station.

For Petitioner : Mr.M.Natarajan 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 Nos.1,4 and 5 in Crime No.22/2016 in respect of the offences under Sections 498(A), 494, 506(i) IPC and r/w 3 (1)(r), 3(1)(s) and 3(2)(VA) of SC/ST (POA) Act, 1989 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 and A3 in this case have already been arrested and released on bail 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 learned Principal Sessions Judge, Sriviliputhur, 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.22/2016 on the file of the respondent police and dispose of the same on merits and in accordance with law on the same day.

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With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS) To 1.The Principal Sessions Judge, Sriviliputhur.

2.The Deputy Superintendent of Police, All Women Police Station, Aruppukottai.

3.The Inspector of Police, All Women Police Station, Aruppukottai 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1cc to M.Natarajan, Advocate in SR.45841 Crl.O.P(MD)No.14563 of 2016 17.08.2016 rr.

PBK/GSV-PM 24.08.2016 ::2P-6C:

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