Madras High CourtCRL OP(MD)/4221/2017ordered

Kalpandi @ Pandi, v. The Deputy Superintendent Of

2017-04-11Honourable Mr Justice P. N. Prakash4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4221 of 2017 1.Kalpandi @ Pandi 2.Devaraj 3.Rajkumar 4.Raj 5.Periyamani 6.Rajapandi 7.Gurunathan 8.Thiruppathi 9.Gandhi @ Karthik 10.Gopalmani 11.Ramkumar 12.Ramakrishnan @ MGR Kumar 13.Ohm Siva @ Siva : Petitioners/ACCUSED (RANK NOT KNOWN) Vs.

1.The Deputy Superintendent of Police, Nilakottai, 2.The Inspector of Police, Batlagundu Police Station, : Respondents/Complainants Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Special Judge for P.C.R. Cases, Dindigul District, to consider the bail application of the petitioners/accused, if any, filed by them on their surrender on the same day in Crime No.17 of 2017 on the

file of the second respondent police.

For Petitioners : Mr.R.Srinivasan For Respondents : Mr.K.Anbarasan, 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 Special Judge for P.C.R. Cases, Dindigul District, to accept the surrender of the petitioners and consider the bail application on merits on the same day of their surrender, in Crime No.17 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 147, 148, 294(b), 324, 506(ii) of the Indian Penal Code and Sections 3(1)(x) and 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 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.

3. The learned Government Advocate (Criminal side) takes notice for the respondents and submits that the injured has been discharged from the hospital.

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 Special Judge for P.C.R. Cases, Dindigul District, in respect of Crime No.17 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.17 of 2017, the learned Special Judge for P.C.R. Cases, Dindigul District, 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(PROTOCOL) /True Copy/ Sub-Assistant Registrar SML To 1.The Special Judge for P.C.R. Cases, 2.The Deputy Superintendent of Police, Nilakottai,

3.The Inspector of Police, Batlagundu Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1CC TO MR. R. SRINIVASAN, ADVOCATE SR: 51814 JM SKN RSK SAR 2 18/4/2017 4P 6C Order made in Crl.O.P.(MD)No.4221 of 2017