Madras High CourtCRL OP(MD)/344/2017disposed of

Kalidhasan 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.344 of 2017

1. Kalidhasan

2. Malaiyarasan @ Malaiyandi ... Petitioners/Accused Nos.3 & 4 -Vs1.The State, Rep. by the Deputy Superintendent of Police, Thirumangalam, Madurai District.

2. The State, Rep. by the Inspector of Police, Kallikudi Police Station, Madurai District.

(Crime No.6/2017) ... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the III-Additional District and Sessions Judge (PCR Court), Madurai, to dispose the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned court in pending investigation of Crime No.6 of 2017 on the file of Respondent Police.

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

O R D E R

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

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

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

3. The petitioner is arrayed as accused Nos.3 & 4, in Crime No.6 of 2017 for the offences punishable under Sections 147, 294 (b), 323, 506(i) of I.P.C., r/w Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and that in view of the specific bar contained in Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come up with this petition.

4.The learned Government Advocate (Crl. Side) would submit that the injured had already been discharged from the hospital. 5.Considering the facts and circumstances of the case, the petitioner is 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 petitioner in Crime No.6 of 2017 and consider the petitioner's bail application and dispose of the same on merits and in accordance with law, on the same day of his surrender.

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

2.The Deputy Superintendent of Police, Thirumangalam,Madurai District.

3. The Inspector of Police, Kallikudi Police Station, Madurai District.

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

+1Cc to Mr.M.s.Jeyakarthik ,Advocate SR. NO.2166 /17 Pjl GJM/ss2/ksm/19/01/2017/2p-6c Crl.O.P.(MD) No.344 of 2017 11.01.2017 https://hcservices.ecourts.gov.in/hcservices/