Madras High CourtCRL OP(MD)/2479/2017ordered

Ashokan, v. The Deputy Superintendent Of

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.2479 of 2017 1.Ashokan 2.Ramu @ Ooravayal Ramu 3.Rajiv @ Rajigandhi 4.Sargunam @ Sargunan 5.Vimal 6.Manikandan 7.Pushparaj 8.Chinnadurai 9.Chidambaram 10.Meyyappan 11.Thatchinamoorthy : Petitioners Vs.

1. The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

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

(Crime No.112/2017).

: Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Sessions Judge -cum- P.C.R. Court, Sivagangai to accept the surrender of the petitioners and consider this bail application on the same day in connection with Crime No.112 of 2017 on the file of the respondent police.

For Petitioners : Mr.S.M.Sanjay 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 Sessions Judge -cum- P.C.R. Court, Sivagangai, to accept the surrender of the petitioners and consider the bail application on merits on the same day of their surrender, in Crime No.112 of 2017 pending on the file of the respondent police.

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

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, 294(b), 323, 379(NH) and 506(i) of the Indian Penal Code r/w 3(1)(r), 3(1)(s) of SC/ST 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 Sessions Judge -cum- P.C.R. Court, Sivagangai, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.112 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.

5. With the above direction, this petition is disposed of. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Sessions Judge -cum- P.C.R. Court, Sivagangai.

2. The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

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

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

+ 1 CC TO Mr.S.M.SANJAY, ADVOCATE IN SR No. 13129 SML TE/RR : 21/03/2017 : 2P/6C Order made in Crl.O.P.(MD)No.2479 of 2017 Dated: 08.03.2017 https://hcservices.ecourts.gov.in/hcservices/