Madras High CourtCRL OP(MD)/23/2017disposed of

Gokul v. The Deputy Superintendent Of

2017-01-04Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.23 of 2017 1.Gokul 2.Ponraj : Petitioners/A1 and A5 -vs1.State rep. by The Deputy Superintendent of Police, Aravakuruchi Circle, Karur District.

2.The Inspector of Police, Velayuthampalayam Police Station, Karur District.

Crime No.637/2016 : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge-cum-PCR Court, Karur to consider the petitioners bail application and dispose the bail application on the same day, if the petitioners surrender before the learned Principal District and Sessions Judge-cum-PCR Court, Karur, in Crime No.637 of 2016 on the file of the respondents. For Petitioners : Mr.R.Mathiyalagan For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned Principal District and Sessions Judge-cum-PCR Court, Karur, to accept the surrender of the petitioners and consider their bail application on the same day on merits, in relating to Crime No.637 of 2016, on the file of the respondent polices. 2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 147, 341, 294(b), 323, 506(i) IPC r/w 3 (1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(va) of SC & ST (POA) Amendment Act, 2015 and Section 4 of TNPHW Act, 2002, in Crime No.637 of https://hcservices.ecourts.gov.in/hcservices/

2016 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.K.Anbarasan, 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 learned Principal District & Sessions Judge (PCR Court), Karur, within fifteen days from today and if they filed any bail application in this crime number, learned Principal District & Sessions Judge (PCR Court), Karur, 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 er To:

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

2.The Deputy Superintendent of Police, Aravakuruchi Circle, Karur District.

3.The Inspector of Police, Velayuthampalayam Police Station, Karur District.

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

+1CC to mr.R.Mathiyalagan, Advocate Sr.No.556 GJM/SS3/SAR-3-9.1.17-2p-6C Crl.O.P.(MD) No.23 of 2017 04.01.2017 https://hcservices.ecourts.gov.in/hcservices/