Madras High CourtCRL OP(MD)/3465/2017ordered

Vincent Raman v. The Deputy Superintendent Of

2017-03-24Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3465 of 2017 1.Vincent Raman 2.Roopas Deepak : Petitioners/Accused 1&2 Vs.

1.The Deputy Superintendent of Police, Usilampatti, Madurai District.

2.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

(Crime No.178 of 2017).

: Respondents/Complainants Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal Sessions Judge -cum- Special Judge for P.C.R. Cases, Madurai, to consider the bail application of the petitioners/accused Nos.1 and 2 if any filed by them on their surrender on the same day in Crime No.178 of 2017 on the file of the second respondent police.

For Petitioners : Mr.M.Gururaj For Respondents : Mr.A.P.Balasubramani, 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 -cum- Special Judge for P.C.R. Cases, Madurai, to accept the surrender of the petitioners and consider the bail application on merits on the same day of their surrender, in Crime No.178 of 2017 pending 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 for the alleged offences under Sections 294(b), 323 and 506(i) of the Indian Penal Code r/w Sections 3(1)(r) and 3(1)(s) 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. https://hcservices.ecourts.gov.in/hcservices/

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 Principal Sessions Judge -cum- Special Judge for P.C.R. Cases, Madurai, in respect of Crime No.178 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.178 of 2017, the learned Principal Sessions Judge -cum- Special Judge for P.C.R. Cases, Madurai, in turn, is directed to accept their surrender and 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(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Principal Sessions Judge -cum- Special Judge for P.C.R. Cases, Madurai.

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

3.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

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

+One cc to Mr.M.Gururaj, Advocate, SR.No.17868 SML RL/6C/2P/SKN/SAR2/5.4.2017 Order made in Crl.O.P.(MD)No.3465 of 2017 https://hcservices.ecourts.gov.in/hcservices/ Dated: 24.03.2017