Madras High CourtCRL OP(MD)/17815/2016ordered

Rani v. The Inspector Of Police

2016-09-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.17815 of 2016 1.Rani 2.Saravanan 3.Manikandan .. Petitioners Vs.

State represented by Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

(Crime No.656 of 2016) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Principal District and Sessions Court (PCR), Sivagangai to consider the bail application of the petitioners to be filed in Cr.No.656 of 2016, on the file of the Respondent police and to accept their surrender on the same day on merits.

For Petitioners : Mr.S.Pugalendhi For respondent : Mr.K.Anbarasan Government Advocate (Criminal side)

ORDER

This application has been filed seeking a direction to the Court, which is dealing with the SC/ST Act cases to consider the bail application on the day of surrender itself. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent. 3.The petitioners are arrayed as accused Nos.2,3 & 4 in Crime No.656/2016 in respect of the offences under Sections 147, 148, 342, 323, 324 IPC r/w 3(1)(r), 3(1)(s) of SC/ST POA Amendment Act 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. 4.The learned Government Advocate (Crl. Side) would submit that the injured person had already been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/ 5.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 petitioner cannot move any anticipatory bail, the Principal District and Sessions Judge (PCR), Sivagangai, is directed to accept the surrender of the petitioners and consider their bail application, in the event of the petitioners filing such petition in Crime No.656/2016 on the file of the respondent police and dispose of the same on merits and in accordance with law on the same day.

6.This petition is disposed of accordingly.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar am To 1.The Principal District and Sessions Court (PCR), Sivagangai.

2.Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

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

+1 cc to Mr.S.PUGALENDHI,Advocate, Sr.No: 53558 JAM/SKS-RR/28.09.16 /2P-5C Crl.O.P(MD)No.17815 of 2016 20.09.2016 https://hcservices.ecourts.gov.in/hcservices/