Madras High CourtCRL OP(MD)/15626/2016disposed of

Rajendran @ Kaipillai, v. The Inspector Of Police,

2016-08-26Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.15626 of 2016 1.Rajendran @ Kaippillai 2.Rajavel 3.Balakrishnan 4.Radhakrishnan 5.Vijayakumar @ Iyer 6.Viji 7.Veeramani 8.Muruganantham 9.Manikandan 10.Varadharajan 11.Natarajan .. Petitioners/Accused No.1 to 5,7,8,10, 12 to 14 Vs.

The State rep. by its The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District Crime No.222/2016 .. Respondent/Complainant.

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned I Additional Sessions Judgee, (PCR), Thanjavur and to consider the petitioners' surrender and bail petition in Crime No.222 of 2016 on the file of the respondent police.

For Petitioner : Mr.M.Michael Bharathi For respondents : Mr.A.P.Balasubramani 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 to 5, 7,8,10, 12 to 14 in Crime No.222/2016 in respect of the offences under Sections 147, 148, 294(b), 323, 324, 506(ii) IPC and r/w 3 (1)(r), https://hcservices.ecourts.gov.in/hcservices/

3(1)(s) and 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 injured has been discharged from the hospital and investigation is almost completed and that the accused Nos.6, 9 and 11 have already been arrested. 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 I Additional Sessions Judgee, (PCR), Thanjavur is directed to accept the surrender of the petitioners and consider their bail application, in the event of the petitioner filing such petition in Crime No.222/2016 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(Cs-II) /True Copy/ Sub Assistant Registrar.

To 1.The I Additional Sessions Judgee, (PCR), Thanjavur 2.The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1CC to M/S.V.Sasikumar, Advocate, SR.No. 47560 Crl.O.P(MD)No.15626 of 2016 26.08.2016 RR AM/SK.SKN/SAR-III/09.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/