Madras High CourtCRL OP(MD)/5391/2017disposed of

Vasanth v. The Deputy Superintendent Of

2017-05-04Honourable Mr Justice N. Authinathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2017

CORAM

THE HON'BLE MR.JUSTICE N.AUTHINATHAN Crl.O.P.(MD)No.5391 of 2017 1.Vasanth 2.Rajendran 3.Madhan 4.Suriya 5.Aravind 6.Vallarasu 7.Sakthi @ Sathiyendran 8.Bose 9.Myail 10.Anitha 11.Lakshmi 12.Subramani 13.Thangam 14.Malaiyayee 15.Ganapathy 16.Suresh 17.Oomai 18.Kanaga ... Petitioners/Accused Nos.1, 3 to 13 and 15 to 20 -Vs1.The Deputy Superintendent of Police, Samayanallur, Madurai District.

2.The State represented by, The Inspector of Police, Alanganallur Police Station, Madurai District.

(Crime No. 233 of 2017) ... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act / 3rd Additional District Judge (PCR Court), Madurai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.233 of 2017 on the file of the respondent police.. For Petitioners : Mr.R.Ponkarthikeyan For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This petition is filed, for direction to the learned Special Judge for SC/ST (Prevention of Atrocities) Act / 3rd Additional District Judge (PCR Court), Madurai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.233 of 2017 on the file of the respondent police.

2. The learned Counsel for the Petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 323, 324 and 307 of the Indian Penal Code r/w 3(i)(r), 3(1)(S), 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Original Amendment Act 2015 and Section 4 of TNPWH Act and that in view of the specific bar under Section 18 of the SC/ST Act, they cannot move any anticipatory bail application and therefore, the petitioners have come forward with the above said prayer.

3. The learned Government Advocate (Criminal Side) takes notice for the respondents.

4. This Court does not express any opinion on the merits of the case. However, having regard to the facts and circumstances of the case, this Court directs the petitioners to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file necessary applications for bail. The Court concerned shall consider the same and pass appropriate orders, on merits, on the same day of surrender of the petitioners.

5. With the above direction, this Petition is disposed of. Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To:

1.The Special Judge for SC/ST (Prevention of Atrocities) Act / 3rd Additional District Judge (PCR Court), Madurai. 2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

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

+One cc to Mr.R.Ponkarthikeyan, Advocate, R.No.55648 smn2/dss RL/6C/2P/MR/SAR4/8.5.2017 Crl.O.P.(MD) No.5391 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 04.05.2017