Madras High CourtCRL OP(MD)/4909/2017dismissed

Thambi @ Nachimuthu, v. The Deputy Superintendent Of

2017-04-24Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4909 of 2017 1Thambi @ Nachimuthu 2.Eswaran @ Mahudeeswaran : Petitioners/Accused No.1 & 2 Vs.

1.The State Rep by The Deputy Superintendent of Police, Palani, Dindigul District.

2. The Inspector of Police, Keeranur Police Station, Dindigul District.

(Crime No.88 of 2017) : Respondents/Complainants Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District and Sessions Judge(PCR), Dindigul to consider the Bail application of the petitioners in Cr.No.88 of 2017 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 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 Principal District and Sessions Judge(PCR), Dindigul to consider the Bail application of the petitioners on the same date of surrender in Crime No.88 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 Section 323 of IPC and Section 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 https://hcservices.ecourts.gov.in/hcservices/

therefore, the petitioners have come forward with the said prayer.

3. The learned Government Advocate (Criminal side) takes notice for the respondents and submitted that the injured is still in hospital as inpatient.

4.In view of the submission made by the learned Government Advocate, this petition is dismissed for the present. Sd/- Assistant Registrar /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, Keeranur Police Station, Dindigul District.

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

Crl.O.P.(MD)No.4909 of 2017 24.04.2017 MRN/RR kk/RSK-SAR4-27.04.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/