Madras High CourtCRL OP(MD)/5672/2017disposed of

Manikandan@Mani 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.5672 of 2017 1.M.Manikandan @ Mani 2.R.Maruthu @ Maruthupandi 3.M.Mahesh ... Petitioners / Accused No.1 to 3 -Vs1.The Deputy Superintendent of Police, Kovilpatti, Tuticorin District.

... 1st Respondent/Investigating Officer 2.State through the Inspector of Police, Kayatharu Police Station, Tuticorin District.

(Crime No.156 / 2017) ... 2nd Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, to consider and pass orders on the bail application of the petitioners on the same day in Crime No. 156 of 2017, pending on the file of the 2nd respondent police.

For Petitioners : Mr.R.Rajmohan For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed, to direct the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, to consider and pass orders on the bail application of the petitioners on the same day in Crime No. 156 of 2017, pending on the file of the 2nd 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, 342, 294(b), 323 and 506 (i) I.P.C., r/w. Sections 3(1)(r)(s) and 3 (1) (S) and 3 (2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of https://hcservices.ecourts.gov.in/hcservices/

Atrocities) Amendment Act, 2015, 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(AD-II) /True copy/ Sub Assistant Registrar To:

1.The Additional District Sessions Judge (PCR Court), Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Kovilpatti, Tuticorin District.

3.The Inspector of Police, Kayatharu Police Station, Tuticorin District.

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

+1 cc to Mr.R.Rajamohan , Advocate in SR.No. 55636 dss/smn2 AE/MMS/SAR4/09.05.2017/2P/6C Crl.O.P.(MD) No.5672 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/