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Madras High CourtCRL OP(MD)/2823/2017ordered

Mari, v. The Deputy Superintendent Of

2017-03-14Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.2823 of 2017 1.Mari 2.Pradheep : Petitioners/A1 and A2 Vs.

1.The Deputy Superintendent of Police, Melur, Madurai District.

2.The Inspector of Police, Melavalavu Police Station, Madurai District.

(In Crime No.69 of 2017) : Respondents/Complainants 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, Madurai to accept the surrender of the petitioners and consider this bail application on the same day in connection with Crime No.69 of 2017 on the file of the respondent police.

For Petitioners : Mr.V.Santhakumaresan For Respondents : Mr.A.P.Balasubramani, 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, Madurai, to consider the bail application on merits on the same day of their surrender, in Crime No.69 of 2017 pending on the file of the 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 294(b), 323, 324, 506 (i) IPC r/w 3 (2) (va) of SC/ST (Prevention of Atrocities) Act, 1989 and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and https://hcservices.ecourts.gov.in/hcservices/

therefore, the petitioners have come forward with the said prayer.

3. The learned Government Advocate (Criminal side) takes notice for the respondents, who would submit that the injured have 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 petitioners are directed to surrender before the Learned Sessions Judge cum P.C.R. Court, Madurai in respect of Crime No.69 of 2017 on the file of the respondent police, within two weeks from the date of receipt of a copy of this order and on the petitioners' surrender and filing bail application in Crime No.69 of 2017, the learned Learned Sessions Judge cum P.C.R. Court, Madurai, in turn, is directed to accept their surrender and consider their bail application on merits and in accordance with law on the same day.

5.With the above direction, this petition is disposed of. Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To 1.The Sessions Judge cum P.C.R. Court, Madurai 2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, Melavalavu Police Station, Madurai District.

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

+1 cc to Mr.V.Santhakumaresan , Advocate in SR.No. 14855 MR/RR AE/MR/SAR2/28.03.2017/2P/6C Order made in Crl.O.P.(MD)No.2823 of 2017 Dated: 14.03.2017 https://hcservices.ecourts.gov.in/hcservices/