Madras High CourtCRL OP(MD)/329/2017disposed of

Kannan @ Allal Kathan, v. The Deputy Superintendent Of

2017-01-11Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2017

CORAM

THE HON'BLE MR.JUSTICE B.GOKULDAS Crl.O.P.(MD).No.329 of 2017 1.Kannan @ Allal Kathan 2.Essakiammal 3.Ramaiah Thevar 4.Ulagammal ... Petitioners/Accused Nos.1 to 4 Vs State rep. by,

1. The Deputy Superintendent of Police, Cheranmagadevi Division, Cheranmagadevi, Tirunelveli District.

2. The Inspector of Police, Munneerpallam Police Station, Munneerpallam, Tirunelveli District.

In Cr.No.336 of 2016 ... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the II-Additional District and Sessions Judge (PCR Court), Tirunelveli, under the SC/ST Act to consider the bail application on the surrender of the petitioners in connection with Crime No.336 of 2016, pending investigation on the file of the Respondents on merits on the same day.

For Petitioner : Mr.M.Sathiamoorthy For Respondents : Mrs.S.Prabha Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned II-Additional District and Sessions Judge (PCR Court), Tirunelveli, to consider the bail application of the petitioner on the day of surrender itself.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the

respondents.

3. The petitioners are arrayed as accused Nos.1 to 4, in Crime No.336 of 2017, for the offences punishable under Sections 341, 294(b), 323, 506(ii) of I.P.C., and Section 3(1)(r), 3(1)(s), 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, and that in view of the specific bar contained in Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come up with this petition.

4.The learned Government Advocate (Crl. Side) would submit that the injured person had already been discharged from the hospital.

5. Considering the facts and circumstances of the case, the petitioners are directed to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file bail application. The Court concerned is directed to accept the surrender of the petitioners in Crime No.336 of 2016 and consider the bail application of the petitioners and dispose of the same on merits and in accordance with law, on the same day of their surrender.

6.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The II-Additional District and Sessions Court (PCR Court), Tirunelveli.

2. The Deputy Superintendent of Police, Cheranmagadevi Division, Cheranmagadevi, Tirunelveli District.

3. The Inspector of Police, Munneerpallam Police Station, Munneerpallam, Tirunelveli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to M/s.M.Sathiyamoorthy, Advocate in SR.No. 2100 Crl.O.P.(MD) No. 329 of 2017 11.01.2017 PJL CSL/PM-AMI/23.01.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/