Madras High CourtCRL OP(MD)/390/2017ordered

Jegan v. The Deputy Superintendent Of

2017-01-12Honourable Mr Justice P. Kalaiyarasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.KALAIYARASAN Crl.O.P.(MD)No.390 of 2017 1.Jegan 2.Karthick 3.Balamurugan ... Petitioners/Accused Nos.2,3 & 5 Vs.

1.State rep. by The Deputy Superintendent of Police, Sattur Sub-Division, Virudhunagar District.

2.The Sub Inspector of Police, Irukkangudi Police Station, Virudhunagar District.

(Crime No.2 of 2017) ... Respondents/Complainant PRAYER : Petition filed under Section 482 of Criminal Procedure Code, seeking to direct the Learned Sessions Judge cum P.C.R Court Virudhunagar at Srivilliputhur to accept the surrender of this Petitioners and consider the bail application on the same day in Connection with the Crime No. 2 of 2017 pending investigation on the file of the respondent police. For Petitioners :Mrs.Laxshmi Gobinathan For Respondents :Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the Learned Sessions Judge cum P.C.R Court, Virudhunagar at Srivilliputhur, to accept the surrender of the Petitioners and consider the bail application on the same day in Connection with the Crime No.2 of 2017 pending investigation on the file of the respondent police.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl. side) for the respondents. 3.The provisions under Section 438 Cr.P.C. is not applicable to the offences committed under the SCST (Prevention of Atrocities) Act, as per Section 18 of the said Act. Therefore, the petitioners seek the above direction.

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4.The petitioners are alleged to have committed the offences punishable under Sections 147, 341, 294(b), 323, 379(NP), 506(i) and 3(1)(r), 3(1)(s) and 3(2) (Va) of SC/ST (Prevention of Atrocities) Act.

5.Considering the nature of the offences and the request made by the petitioners, this Court issues the following direction:- "The petitioners are directed to surrender before the learned Sessions Judge cum P.C.R Court, Virudhunagar at Srivilliputhur, within ten days from the date of receipt of a copy of this order and to file bail application. The learned Sessions Judge cum P.C.R Court, Virudhunagar at Srivilliputhur, is directed to accept the surrender of the petitioners in Crime No.2 of 2017 and consider the petitioners' bail application 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(CO) /True Copy/ Sub Assistant Registrar To 1.The Sessions Judge-Cum-PCR Court, Virudhunagar at Srivilliputhur.

2.The Deputy Superintendent of Police, Sattur Sub-Division, Virudhunagar District.

3.The Sub Inspector of Police, Irukkangudi Police Station, Virudhunagar District.

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

+1cc to M/S.Polax Legal Solutions in SR No.2596 Crl.O.P.(MD)No.390 of 2017 12.01.2017 rj2 anr/ss3/sar2/18.01.2017/2p/6c https://hcservices.ecourts.gov.in/hcservices/