Madras High CourtCRL OP(MD)/3728/2017disposed of

Rajendran, v. The Deputy Superintendent Of

2017-04-19Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3728 of 2017

1. Rajendran

2. Ayyappan

3. Guna ... Petitioners/A1 to A3 -vs1. The Deputy Superintedent of Police, Alangudi, Pudukkottai District.

2. State Represented by The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

(Crime No.77/2017) .. Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District & Sessions Judge (PCR Court), Pudukkottai to accept the surrender of the Petitioners and consider their bail application on the same day on merit in relating to Crime No.77 of 2017 dated 18.03.2017 on the file of the Respondents Police and thus render justice.

For Petitioners : Mr.D.Ramesh Kumar For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned Principal District & Sessions Judge (PCR Court), Pudukkottai to accept the surrender of the Petitioners and consider their bail application on the same day on merit in relating to Crime No.77 of 2017 dated 18.03.2017 on the file of the respondent police.

2. Learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 341, 294(b), 324, 506(ii) IPC r/w Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST PoA Act in Crime No.77 of 2017 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 petitioner have come forward with the said prayer.

3. Learned Government Advocate (Crl.Side) takes notice for the respondents and submits that the injured has been discharged from the hospital.

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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 District & Sessions Judge (PCR Court), Pudukkottai in respect of Crime No.77 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.77 of 2017, learned Principal District & Sessions Judge (PCR Court), Pudukkottai in turn, is directed to accept their surrender and consider their bail applications on merits and in accordance with law on the same day. With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1. The Principal District & Sessions Judge (PCR Court), Pudukkottai.

2. The Deputy Superintedent of Police, Alangudi, Pudukkottai District.

3. The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

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

+1cc to M/S.D.RAMESHKUMAR, Advocate SR.No.52842 Crl.O.P.(MD) No.3728 of 2017 19.04.2017 JM/SKN RSK/SAR 4/20.04.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/