Madras High CourtCRL OP(MD)/5603/2017disposed of

Alagarsamy 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.5603 of 2017 1.Alagarsamy 2.Veerajothi 3.Sakthi 4.Ramadurai 5.Boopathi 6.Malaisamy 7.Dhinakaran 8.Vignesh ... Petitioners/Accused -Vs1. The Deputy Superintendent of Police, Melur Circle, Melur, Madurai District.

2. State Rep. By Inspector of Police, Keelavalavoo Police Station, Madurai District.

[Crime No.193 of 2017] ... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned III Additional District and Sessions Judge, Madurai (PCR Court), to consider the bail application to be filed by the petitioners on the same day in Crime No.193/2017 on the file of the Inspector of Police, Keelavalavoo Police Station.

For Petitioners : Mr.S.MP.Amalan For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed, for direction to the learned III Additional District and Sessions Judge, Madurai (PCR Court), to consider the bail application to be filed by the petitioners on the same day in Crime No.193/2017 on the file of the Inspector of Police, Keelavalavoo Police Station.

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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, 427 and 506(i) I.P.C. and Section 3(2) (va) of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Amendment Ordinance Act 2014, and that in view of 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/- Vacation Officer /True Copy/ Sub Assistant Registrar To

1. The III Additional District and Sessions Judge [PCR Court], Madurai.

2. The Deputy Superintendent of Police, Melur Circle, Melur, Madurai District.

3. The Inspector of Police, Keelavalavoo Police Station, Madurai District.

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

+ 1 CC TO Mr.S.MP.AMALAN, ADVOCATE IN SR No. 55662 SMN2/DSS TE/RSK/SAR-IV : 09/05/2017 : 2P/6C Crl.O.P.(MD) No.5603 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/