Madras High CourtCRL OP(MD)/18232/2016disposed of

Kannan @ Kannadasan, v. The Deputy Superintendent Of

2016-09-23Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.18232 of 2016 1.Kannan @ Kannadasan 2.Alagar .. Petitioners/A1&A2 Vs State represented by 1.The Deputy Superintendent of Police, Keeranur, Pudukkottai District.

2. The Inspector of Police, Viralimalai Police Station, Pudukkottai District. .. Respondents/complainants Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned Principal District and Sessions Judge, (Special PCR Court), Pudukkottai, to consider the petitioners' bail application filed by the petitioners on the same day of surrender in Crime NO. 281 of 2016 on the file of the second respondent police.

For Petitioners : Mr.P.Ganapathi Subramanian For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioners seek a direction to the learned Principal District and Sessions Judge, (Special PCR Court), Pudukkottai, to consider the bail application on the day of surrender itself.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

3. The petitioners are arrayed as A1 and A2 in Crime No.281 of 2016 for the offences punishable under Sections 147, 294(b), 341 and 363 IPC read with Section 3(1)(r),3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (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 up with this petition.

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4.The learned Government Advocate (Crl. Side) would submit that the injured person had already been discharged from the hospital.

5.Considering the facts and circumstances of the case, the petitioners are directed to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file bail application. The Court concerned is directed to accept the surrender of the petitioners in Crime No.281 of 2016 and consider the bail application of the petitioners 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(W) /True copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge, (Special PCR Court), Pudukkottai, 2.The Deputy Superintendent of Police, Keeranur, Pudukkottai District.

3. The Inspector of Police, Viralimalai Police Station,Pudukkottai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to M/S.P.Ganapathi Subramanian, Advocate in SR.No. 55358 PJL CSL/SS-3/03.10.2016: 2P/6C Crl.O.P.(MD) No.18232 of 2016 23.09.2016 https://hcservices.ecourts.gov.in/hcservices/