Madras High CourtCRL OP(MD)/3273/2017ordered

Rajeshwari, v. The Deputy Superintendent Of

2017-03-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3273 of 2017 1.Rajeshwari 2.Mani @ Manimaran : Petitioners/Accused Nos.1&2 Vs.

1. The Deputy Superintendent of Police, Mannargudi, Thiruvarur District.

2. The Inspector of Police, Mannargudi Taluk Police Station, Mannargudi, Thiruvarur District (Crime No.20 of 2017) : Respondents/Complainants Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned 1st Additional Sessions Judge for SC/ST (prevention of Atrocities) Act, PCR Court, Thanjavur to consider the bail application of the petitioners on the same day of their surrender in Crime No.20 of 2017 on the file of the respondent Police.

For Petitioners : M/s.S.Muthumalairaja For R1 & R2 : Mr.A.P.Balasubramani Government Advocate

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 the learned 1st Additional Sessions Judge for SC/ST (prevention of Atrocities) Act, PCR Court, Thanjavur to consider the bail application of the petitioners on the same day of their surrender in Crime No.20 of 2017 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 in Crime No.20 of 2017 for the alleged offence under Sections 294(b), https://hcservices.ecourts.gov.in/hcservices/

323,324,506 (ii) of IPC and Section 3(2) (Va) of 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. He further submitted that the injured has 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 1st Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, Thanjavur, in respect of Crime No.20 of 2017 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. 20 of 2017 the learned 1st Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, Thanjavur, 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(Record) /True Copy/ Sub Assistant Registrar TA/RR To

1. 1st Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, Thanjavur,

2. The Deputy Superintendent of Police, Mannargudi, Thiruvarur District.

3. The Inspector of Police, Mannargudi Taluk Police Station, Mannargudi, Thiruvarur District +1cc to Mr.S.Muthu Malairaja,Advocate Sr.No. 16683 JAM/28.03.17 /MMS/SAR 2/ 2P-5C Order made in Crl.O.P.(MD)No.3273 of 2017 https://hcservices.ecourts.gov.in/hcservices/ Dated: 22.03.2017