Shanmugamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2350 of 2017

1. Shanmugamani (35), S/o. Sethuraman, No.73, Theivarayan Street, N.Pudur, Karaikudi, Sivaganagai District.

2. Bakir Mohammed (35), S/o. Abubakkar, No. 103, Nagalinmgam Street, Senjai, Karaikudi, Sivagangai District.

3. Ravi (42), S/o. Thangavelu, 108, M.M. Street, Karaikudi, Sivagangai District.

4. Nagaraj (46), S/o. Nachiyappan, 22, Ilango Street, Kalanivasal, Karaikudi, Sivagangai District.

5. Sankar (38), S/o. Kasi, Marakadai Lane, Karaikudi, Sivagangai District.

6. Ravikumar (40), S/o. Jagadeesan, No.22, Arunagiri Patnam East, Devakottai, Sivagangai District.

... Petitioners -vsState through The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

(Crime No.111/2017) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the District and Sessions Judge for (PCR Cases), Sivagangai to consider the bail application filed by the petitioner's on their surrender in Cr.No.111/2017 on the file of the Karaikudi North Police Station, Sivagangai District on the same day of their surrender. For Petitioners : Mr.R.M.Arun Swaminathan For Respondent : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This petition has been filed, seeking to direct the learned District and Sessions Judge for (PCR Cases), Sivagangai to consider the bail application filed by the petitioners' on their surrender in Cr.No.111/2017 on the file of the Karaikudi North Police Station, Sivagangai District on the same day of their surrender.

2. Learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 294(b), 341, 506(i) IPC r/w 3(1)(r), 3(1)(s) of SC/ST Act in Crime No.111 of 2017 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.

3. Learned Government Advocate (Crl.Side) takes notice for the respondents and submits that the injured has been discharged from the hospital.

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 learned District and Sessions Judge (PCR Cases), Sivagangai, 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.111 of 2017 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(AS) / TRUE COPY / Sub-Assistant Registrar To:

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

2. The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

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

+1 cc to MR.P.M.Arun Swaminathan, ADVOCATE, SR No.12722 Crl.O.P.(MD) No.2350 of 2017 06.03.2017 MKV-CM-MSA-SAR 2/17.3.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/