Madras High CourtCRL OP(MD)/2176/2017disposed of

Iyyaswamy v. The Deputy Superintendent Of

2017-03-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.2176 of 2017 1.Iyyaswamy 2.Makesh @ Makesh Kumar 3.Rajalingam : Petitioners/Accused 2 to 4 Vs.

1. State Rep. through the Deputy Superintendent of Police, Kanyakumari Division, Kanyakumari, Kanyakumari District.

2. The Inspector of Police, Suchindram Police Station, Kanyakumari District.

(Crime No.674 of 2014).

: Respondents/Complainants Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Second Additional District & Sessions Judge, PCR Court, Tirunelveli, to consider the bail application of the petitioner/accused Nos.2 to 4 in Crime No.674 of 2014 on the file of the first respondent police at the moment of surrender on the same day.

For Petitioners : Mr.S.R.Sathan Boopathy For Respondents : Mr.A.P.Balasubramani, Government Advocate (Crl.side)

O R D E R

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the learned Second Additional District & Sessions Judge, PCR Court, Tirunelveli, to accept the surrender of the petitioners and consider the bail application on merits on the same day of their surrender, in Crime No.674 of 2014 pending on the file of the respondent police.

2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 294(b) and 323 of the Indian Penal Code r/w 3(1)(r), 3(1)(s), 3(1)(v) of SC/ST (Prevention of Atrocities) 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.

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3. The learned Government Advocate (Criminal side) takes notice for the respondents.

4. 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 petitioners are directed to surrender before the learned Second Additional District & Sessions Judge, PCR Court, Tirunelveli, in respect of Crime No.674 of 2014 on the file of the respondent police, within two weeks from the date of receipt of a copy of this order and on the petitioners' surrender and filing bail application in Crime No.674 of 2014, the learned Second Additional District & Sessions Judge, PCR Court, Tirunelveli, in turn, is directed to accept their surrender, consider their bail application and dispose of the same on merits and in accordance with law on the same day.

5. With the above direction, this petition is disposed of. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The Second Additional District & Sessions Judge, PCR Court, Tirunelveli.

2. The Deputy Superintendent of Police, Kanyakumari Division, Kanyakumari, Kanyakumari District.

3. The Inspector of Police, Suchindram Police Station, Kanyakumari District.

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

+ 1 CC TO Mr.S.R.SATHAN BOOPATHY, ADVOCATE IN SR No. 13886 SML TE/CM-MSA/SAR-III : 14/03/2017 : 2P/6C (IT) Order made in Crl.O.P.(MD)No.2176 of 2017 Dated: 10.03.2017 https://hcservices.ecourts.gov.in/hcservices/