Madras High CourtCRL OP(MD)/15775/2016disposed of

P. Tamilselvan, v. The Inspector Of Police,

2016-08-29Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2016

CORAM:

THE HONOURABLE Dr.JUSTICE S.VIMALA Crl.O.P.(MD).No.15775 of 2016 1.P.Tamilselvan 2.Srirengan 3.T.Latha .. Petitioners Vs.

State represented through The Inspector of Police, Vadipatti Police Station, Madurai District Crime No.394/2016 .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to permit the petitioners to surrender before the learned Additional Sessions Judge, (PCR), Madurai and direct the Additional Sessions Judge, consider the bail petition in Crime No.394 of 2016 on the Inspector of police, Vadipatti Police Station, Madurai District and on the same date and pass an order in accordance with law. For Petitioners : Mr.K.Muralidharan For respondent : 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 petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The petitioners are arrayed as accused Nos.1 to 3 in Crime No.394/2016 in respect of the offences under Sections 147, 148, 294 (b), and 506(ii) IPC, Section 4 of Women Harassment Act, and r/w Section 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 the injured has been discharged from the hospital and the investigation is almost completed.

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 https://hcservices.ecourts.gov.in/hcservices/

that the petitioner cannot move any anticipatory bail, the Additional Sessions Judge, (PCR), Madurai, 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.394/2016 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 ASST REGISTRAR ( P AND A ) TRUE COPY SUB ASST REGISTRAR - CO RR To 1.The Additional Sessions Judge, (PCR), Madurai 2.The Inspector of Police, Vadipatti Police Station, Madurai District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. 1CC TO MR. K. MURALIDHARAN, ADVOCATE SR: 47898 PA GSV PM SAR CO 2P 5C 29 8 16 Crl.O.P(MD)No.15775 of 2016 29.08.2016 https://hcservices.ecourts.gov.in/hcservices/