Madras High CourtCRL OP(MD)/476/2017disposed of

Suresh v. The Deputy Superintendent Of

2017-01-18Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.476 of 2017 1.Suresh 2.Kalidoss 3.Ramesh 4.Mani 5.Kalimuthu 6.Karthick 7.Manikandan 8.Saravanan 9.Rajendran 10.Eswaran 11.Dharmaraj : Petitioners/A2 to A12 -vs1.State rep. by The Deputy Superintendent of Police, Palani, Dindigul District.

2.Inspector of Police, Taluk Police Station, Dindigul District. : Respondents/Complainants (Crime No.471/2016) Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District and Sessions Judge (PCR), Dindigul, to consider the bail application of the petitioners to be filed in Crime No.471 of 2016 on the file of the respondent police and to accept their surrender on the same day on merits.

For Petitioners : Mr.R.Jegadeeswaran For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the Principal District and Sessions Judge (PCR), Dindigul, to consider the bail application of the petitioners to be filed in Crime No.471 of 2016 on the file of the respondent police and to accept their surrender on the same day on merits.

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2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 147, 294(b), 323, 506(ii), 109 IPC r/w 3 (1)(r)(s) of SC/ST Act 2016 (Prevention of Atrocities Act), in Crime No.417 of 2016 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of Atrocities) Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the present petition for the said prayer.

3.Heard Mr.A.P.Balasubramani, the learned Government Advocate (Crl.Side), who takes notice for the respondents. 4.Considering the submissions of both sides, this criminal original petition is disposed of with the following direction:- The petitioners are directed to surrender before the learned Principal District & Sessions Judge (PCR), Dindigul, within fifteen days from today and if they filed any bail application in this crime number, learned Principal District & Sessions Judge (PCR), Dindigul, is directed to dispose of the application, after giving notice to the concerned Public Prosecutor, purely on merits and in accordance with law on the same day itself. With this observation, this petition is disposed of accordingly.

Sd/ Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar.

To:

1. The Principal District and Sessions Judge(PCR), Dindigul.

2. The Deputy Superintendent of Police,Palani, Dindigul District.

3. The Inspector of Police,Taluk Police Station, Palani, Dindigul District.

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

+1CC to M/S. R.Jegadeeswaran, Advocate, SR.No. 3198 Crl.O.P.(MD) No.476 of 2017 18.01.2017 https://hcservices.ecourts.gov.in/hcservices/ er AM/RR-ME/SAR-2/24.01.2017/2P/6C