Madras High CourtCRL OP(MD)/2016/2017disposed of

Siva, v. The Deputy Superintendent Of

2017-02-24Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.2016 of 2017 1.Siva 2.Ravindran : Petitioners/A2 and A3 -vs1. The Deputy Superintendent of Police, Ram Nagar, Devakottai, Sivagangai Distriuct.

2. State rep. by Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the District and Sessions (PCR) Court, Sivagangai, to consider the bail application of the petitioners/accused on the same day of surrender on merits in Crime No.81 of 2017 on the file of the respondent police. For Petitioners : Mr.S.Muthukumar For Respondents : Mr.K.Rajarajan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the District and Sessions (PCR) Court, Sivagangai to consider the bail application of the petitioner on the same day of his surrender in connection with the case in Crime No.81 of 2017 on the file of the respondent police.

2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 147, 294(b), 323, 353, 448, 506(1) of IPC and Section 3(1)(r), 3(1)(s) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities Amendment Act 2015, in Crime No.81 of 2017 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of Atrocities) Act, the https://hcservices.ecourts.gov.in/hcservices/

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.K.Rajarajan, 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 District and Sessions (PCR) Court, Sivagangai, within fifteen days from today and if they filed any bail application in this crime number, the learned District and Sessions (PCR) Court, Sivagangai, 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 (Records) /True Copy/ Sub Assistant Registrar To:

1. The Principal District and Sessions Judge, (PCR) Court, Sivagangai.

2. The Deputy Superintendent of Police, Ram Nagar, Devakottai, Sivagangai Distriuct.

3. The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

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

+ 1 CC TO Mr.S.MUTHUKUMAR, ADVOCATE IN SR No. 11038 ER TE/JM/SAR-I : 01/03/2017 : 2P/6C Crl.O.P.(MD) No.2016 of 2017 24.02.2017 https://hcservices.ecourts.gov.in/hcservices/