Madras High CourtCRL OP(MD)/2460/2017ordered

Saravanan, v. The State Rep.

2017-03-08Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.2460 of 2017 1.Saravanan 2.Raman 3.Lekshmanan 4.Karthick 5.Suresh 6.Punniya Murthy 7.Raj @ Raji 8.Sridhar : Petitioners/Accused 10,13,14,18,20,24,26,27 Vs.

1.The State rep.

The Deputy Superintendent of Police, Papanasam, Thanjavur District.

2.The Inspector of Police, Ayyampattai Police Station, Thanjavur District (Crime No.39 of 2017).

: Respondents/Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned First Additional District Judge -cum- P.C.R. Court, Thanjavur, to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Cr.No.39 of 2017 on the file of the second respondent police. For Petitioners : Mr.B.Jameel Arasu For Respondents : Mr.K.Anbarasan, 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 First Additional District Judge -cumP.C.R. Court, Thanjavur, to accept the surrender of the https://hcservices.ecourts.gov.in/hcservices/

petitioners and consider the bail application on merits on the same day of their surrender, in Crime No.39 of 2017 pending on the file of the second 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 147, 148, 294(b), 324 and 506(ii) of the Indian Penal Code r/w 3(1)(r)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) 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.

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 learned First Additional District Judge -cum- P.C.R. Court, Thanjavur, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.39 of 2017 on the file of the second respondent 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(CS-I) /True Copy/ Sub Assistant Registrar To 1.The First Additional District Judge -cum- P.C.R. Court, Thanjavur.

2.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

3.The Inspector of Police, Ayyampattai Police Station, Thanjavur District.

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

+1cc to Mr.JAMEELARUSU Advocate in SR. No.13353 SML JS/SKN/RSK/17.03.2017/2P-6C Order made in Crl.O.P.(MD)No.2460 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 08.03.2017