Madras High CourtCRL OP(MD)/1625/2016ordered

Jothi Basu v. The Sub Inspector Of Police

2016-02-18Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.1625 of 2016 1.Jothi Basu 2.Rajesh 3.Murugeshwari ..Petitioners/Accused Nos.1 to 3 Vs The State represented by The Sub Inspector of Police, Samayanallur Police Station, Madurai District.

(In Cr.No.21 of 2016) .. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct III Additional District and Sessions Court (PCR Court) to surrender their bail application filed by the petitioners on the same day of surrender in Crime No.21 of 2016 on the file of the respondent police.

For Petitioners : Mr.R.Vijayagopal For Respondent : Mr.K.V.Rajarajan 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 III Additional District and Sessions Judge (PCR Court), Madurai to consider the bail application of the petitioners on the same day on their surrender in Crime No.21 of 2016 pending on the file of the respondent.

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, 355, 506(i) I.P.C. and Section 4 of TNWH Act r/w Section 3(1)(x) of Scheduled Caste and Scheduled Tribe (Preventionn 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(Crl.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 III Additional District and Sessions Judge (PCR Court), Madurai is directed to consider the bail application, in https://hcservices.ecourts.gov.in/hcservices/

the event of the petitioners filing such petition in Crime No.21 of 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/- Assistant Registrar(CO Dept) I/C /True Copy/ Sub-Assistant Registrar To

1. III Additional District and Sessions Court (PCR Court), Madurai.

2.The Sub Inspector of Police, Samayanallur Police Station, Madurai District.

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

+One cc to Mr.R.Vijayagopal, Advocate, SR.No.9730 ssl RL/5C/NGM/SS/SARI/1/3/2016 Crl.O.P.(MD)No.1625 of 2016 18.02.2016 https://hcservices.ecourts.gov.in/hcservices/