Aathimola Perumal, v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.2912 of 2017
1. Aathimola Perumal
2. A.Rammaiah
3. G.Mariappan : Petitioners Vs.
1. The Deputy Superintendent of Police Ambasamudram Division Ambasamudram Tirunelveli District
2. The Sub-Inspector of Police Ambasamudram Police Station Tirunelveli District (Crime No.246 of 2016) : Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Second Additional District & Sessions Judge, PCR Court, Tirunelveli, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.246/2016 pending investigation on the file of the 2nd respondent police.
For Petitioners : M/s.V.Chandra Pandi 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 Second Additional District & Sessions Judge, PCR Court, Tirunelveli, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.246/2016 pending investigation on the file of the 2nd 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, 342, 452, 380, 506(i) of IPC and Section 3(I)(r), 3(I)(s) of the SC/ST (Prevention of Atrocities), Amendment Act 2015 and Section 3 of Transplantation https://hcservices.ecourts.gov.in/hcservices/
of Human Organs 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 petitioners are directed to surrender before the learned Second Additional District & Sessions Judge (PCR Court) Tirunelveli, in respect of Crime No.246 of 2016 on the file of the second 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. 246 of 2016 the learned Second Additional District & Sessions Judge (PCR Court), Tirunelveli, in turn, is directed to accept their surrender, 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 (CS-I) /True copy/ Sub Assistant Registrar To
1. The Second Additional District & Sessions Judge, PCR Court, Tirunelveli.
2. The Deputy Superintendent of Police Ambasamudram Division Ambasamudram Tirunelveli District
3. The Sub-Inspector of Police Ambasamudram Police Station Tirunelveli District
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.
+1 CC to M/s.V.CHANDRAPANDI, Advocate, SR No. 16009 MSA/RR PSM/KP/SAR4/05.04.2017/2P/6C Order made in Crl.O.P.(MD)No.2912 of 2017 Dated: 16.03.2017 https://hcservices.ecourts.gov.in/hcservices/