Madras High CourtCRL OP(MD)/4811/2017ordered

Manikandan v. The Deputy Superintendent Of

2017-04-21Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4811 of 2017 1.Manikandan 2.Selvaraj : Petitioners Vs.

1.The Deputy Superintendent of Police, Jeeyarpuram Trichy District.

2.The Sub-Inspector of Police, Pulivalam Police Station, Musiri Taluk, Trichy District.

(Crime No.101 of 2017) : Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the I Additional District and Sessions Court, Tiruchirappalli (Special Court for SC/ST Act cases, PCR) to consider the Bail application of the petitioners in Cr.No.101 of 2017 on the same date of surrender and dispose the same on its merits in accordance with law. For Petitioners : Mr.S.K.Karthick Subramanian For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side)

O R D E R

The learned counsel for the petitioners submit that the petitioners have come forward with this petition seeking for a direction to the I Additional District and Sessions Court, Tiruchirappalli (Special Court for SC/ST Act cases, PCR) to consider the Bail application of the petitioners on the same date of surrender in Crime No.101 of 2017 on the file of the second respondent police.

2. The learned counsel for the petitioners also submit that the petitioners have been implicated in this case for the alleged offences under Sections 147, 294(b), 323, 354(b) of IPC and Section 3(1)(r), 3(1)(s), 3(1)(w)(l), 3(2)(va) of the SC/ST (Prevention of Atrocities), Amendment Act 2015 and that in view of https://hcservices.ecourts.gov.in/hcservices/

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.

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 I Additional District and Sessions Court, Tiruchirappalli (Special Court for SC/ST Act cases, PCR), in respect of Crime No.101 of 2017 on the file of the second 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.101 of 2017 the I Additional District and Sessions Court, Tiruchirappalli (Special Court for SC/ST Act cases, PCR), 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(C) /True Copy/ Sub Assistant Registrar To 1.The I Additional District and Sessions Court, Tiruchirappalli.

2.-do-Through the Principal Sessions Judge, Tiruchirappalli.

3.The Deputy Superintendent of Police, Jeeyapuram Trichy District.

4.The Sub-Inspector of Police, Pulivalam Police Station, Musiri Taluk, Trichy District.

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

+1 CC to M/s S.K.Karthick Subramanian,Advocate, sr no.53360 Order made in Crl.O.P.(MD)No.4811 of 2017 Dated:21.04.2017 Mrn/RR MS/SKN/SAR.3/24.04.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/