Madras High CourtCRL OP(MD)/4965/2017disposed of

C.Mariappan 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.4965 of 2017 1.C.Mariappan 2.Panju 3.Chinnaperumal 4.Perumal : Petitioners Vs.

1.The Deputy Superintendent of Police, Srivilliputtur, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Vaniyampatti Vilaku Police Station, Virudhunagar, Virudhunagar District.

: Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District and Sessions Judge, Virudhunagar District at Sirvilliputhur to accept surrender of the petitioners and consider their Bail application on the same day in connection with the Crime No.48 of 2017 pending on the file of the second respondent. For Petitioners : Mr.N.Satheeshkumar 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 Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, to consider the Bail application of the petitioners on the same date of surrender in Crime No.48 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, 148, 294(b), 448, 354, 436, 307 of IPC and Section 4 of The Public Property (Prevention Of Damage and Loss) Act 2015 and Sections 3(1)(r), 3(1)(s), 3(1)(w)(l), 3(2) (va), 3(2)(v) of the SC/ST (Prevention of Atrocities), Amendment https://hcservices.ecourts.gov.in/hcservices/

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 submitted that 39 persons were arrested and released on bail on either side and he further submitted that the injured were 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 Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, in respect of Crime No.48 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.48 of 2017 the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, 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 /True Copy/ Sub-Assistant Registrar To 1.The Principal District and Sessions Court, Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendent of Police, Srivilliputtur, Virudhunagar, Virudhunagar District.

3.The Inspector of Police, Vaniyampatti Vilaku Police Station, Virudhunagar, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One cc to Mr.R.Ragavendran, Advocate, SR.No.53515 Mrn/RR RL/6C/2P/SKN/SAR4/3.5.2017 Order made in Crl.O.P.(MD)No.4965 of 2017 https://hcservices.ecourts.gov.in/hcservices/ Dated:24.04.2017