Madras High CourtCRL OP(MD)/427/2017ordered

Easwaran @ Kaleeshwaran, 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.427 of 2017 1.Easwaran @ Kaleeshwaran 2.Ranjithkumar 3.Nagaraj ... Petitioners/Accused 1 to 3 Vs.

1.The Deputy Superintendent of Police, Palani Taluk, Dindigul District.

2.The Inspector of Police, Swaminathapiram Police Station, Dindigul District.

(Crime No.3 of 2017) ... Respondents/Complainants PRAYER : Petition filed under Section 482 of Criminal Procedure Code, seeking direction to direct the learned Principal Sessions Judge, Dindigul, Dindigul District to consider the bail application of the petitioners herein on the same day of surrender pertaining to the Crime No.3 of 2017 on the file of the Swaminathapuram Police Station, Dindigul District. For Petitioners :Mr.R.T.Arivukumar For Respondents :Mr.K.Anbarasan Government Advocate (Crl. Side) *******

ORDER

This Criminal Original Petition has been filed seeking direction to the learned Principal Sessions Judge, Dindigul, Dindigul District to consider the bail application of the petitioners herein on the same day of surrender pertaining to the Crime No.3 of 2017 on the file of the Swaminathapuram Police Station, Dindigul District.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl. side) for the respondents. https://hcservices.ecourts.gov.in/hcservices/

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.

4.The petitioners are alleged to have committed the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(i) and Section 3(1)(i) of SC/ST (Prevention of Atrocities) Act, 1989. 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 Principal Sessions Judge, Dindigul, Dindigul District, within ten days from the date of receipt of a copy of this order and to file bail application. The learned Principal Sessions Judge, Dindigul, Dindigul District, is directed to accept the surrender of the petitioners in Crime No.3 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(RTI) /True Copy/ Sub Assistant Registrar To 1.The Deputy Superintendent of Police, Palani Taluk, Dindigul District.

2.The Inspector of Police, Swaminathapuram Police Station, Dindigul District.

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

+1cc to Mr.R.T.Arivukumar,Advocate Sr.No.2563 Crl.O.P.(MD)No.427 of 2017 12.01.2017 rj2 um/skn-mm/25.01.2017/2p/5c https://hcservices.ecourts.gov.in/hcservices/