Madras High CourtCRL OP(MD)/5613/2017disposed of

Rajesh Kannan v. The Inspector Of Police

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.5613 of 2017 1.Rajesh Kannan 2.Muthu Irulandi 3.Padmanathan 4.Ayyanar ... Petitioners/Accused Nos.1 to 4 -VsState Rep. By The Inspector of Police, Kallikudi Police Station, Madurai District.

[Crime No.112 of 2017] ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned III Additional District and Sessions Judge (PCR Cases), Madurai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.112/2017 on the file of the respondent Police.

For Petitioners : Mr.S.Pakalavan For Respondent : 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 (PCR Cases), Madurai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.112/2017 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 341, 294(b), 323 and 506(i) I.P.C. r/w. Section 3(2) (va) of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Amendment Act 2015, 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 respondent.

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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 Cases], Madurai.

2.The Inspector of Police, Kallikudi Police Station, Madurai District.

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

SMN2/DSS PSM/SV/SAR4/09.05.2017/2P/4C Crl.O.P.(MD) No.5613 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/