Babu, v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4700 of 2017 1.Babu 2.Siddharth 3.Surersh : Petitioners/Accused 1 to 3 Vs.
1.The Deputy Superintendent of Police, Samayanallur (Circle) Police Station, Madurai.
2.The State Rep. by The Inspector of Police, Nagamalai Pudhukottai Police Station, Madurai District.
In Crime No.254 of 2017 : Respondents/Complainants Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to pass an order permitting the petitioners to surrender before the learned Third Additional Sessions Court (PCR), Madurai, in connection with Crime No.254 of 2017 on the file of the second respondent police and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith.
For Petitioners : Mr.M.Jegadeesh Pandian For Respondents : Mr.A.P.Balasubramani, 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 Third Additional Sessions Court (PCR), Madurai, to accept the surrender of the petitioners and consider the bail application on merits on the same day of their surrender, in Crime No.254 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 294(b), 448, 324 of the Indian https://hcservices.ecourts.gov.in/hcservices/
Penal Code and Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 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 Third Additional Sessions Court (PCR), Madurai, in respect of Crime No.254 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.254 of 2017, the Third Additional Sessions Court (PCR), Madurai, 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 Registarar /True copy/ Sub Assistant Registrar To 1.The Third Additional Sessions Court (PCR), Madurai.
2.The Deputy Superintendent of Police, Samayanallur (Circle) Police Station, Madurai.
3.The Inspector of Police, Nagamalai Pudhukottai Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to MR.M.Jagadeesh pandian,Advocate,SR.52677 Crl.O.P.(MD)No.4700 of 2017 19.04.2017 SML kk/SKN RSK/24.04.2017-2P-6c https://hcservices.ecourts.gov.in/hcservices/