Madras High CourtCRL OP(MD)/2942/2017ordered

Thirupathi v. The Sub Inspector Of Police

2017-03-16Honourable Mr Justice P. N. Prakash2 pages

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.2942 of 2017

1. Thirupathi

2. Selvi : PETITIONERS 1&2/ACCUSED 1&2

3. Meena : PETITIONER 3/ACCUSED 4 Vs.

State Rep. by its The Sub Inspector of Police Mallaginaru Police Station Virudhunagar District Crime No.59/2017 : RESPONDENT/COMPLAINANT Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal Sessions Judge (PCR), Srivilliputhur to consider the bail application of the petitioners on the same day on their surrender in connection with Crime No.59/2017 on the file of the respondent.

For Petitioners : M/s.K.Suresh For Respondent : 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 Principal Sessions Judge (PCR), Srivilliputhur to consider the bail application of the petitioners on the same day on their surrender in connection with Crime No.59/2017 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 147, 148, 341, 294(b), 323, 324 and 506(i) of IPC r/w Section 3(1)(R), 3(1)(s), 3(2)(va) SC/ST (Prevention of Atrocities) Amendment Act 2015 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 https://hcservices.ecourts.gov.in/hcservices/

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 Principal Sessions Judge (PCR), Srivilliputhur, in respect of Crime No. 59 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. 59 of 2017 the learned Principal Sessions Judge (PCR), Srivilliputhur, 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/- Assitant Registrar(A.S) /True copy/ Sub Assistant Registrar To

1. The Principal Sessions Judge (PCR), Srivilliputhur

2. The Sub Inspector of Police Mallaginaru Police Station Virudhunagar District Crime No.59/2017

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

+1cc to M/s.K.SURESH, Advocate, in SR No. 15144 MSA/RR AAM-SV MMS/SAR 3/16.03.2017 2P 5c Order made in Crl.O.P.(MD)No.2942 of 2017 Dated: 16.03.2017 https://hcservices.ecourts.gov.in/hcservices/