Madras High CourtCRL OP(MD)/5678/2017disposed of

Raja 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.5678 of 2017 1.S.Raja 2.P.Nagaraj @ Nagarajan 3.E.Arjunan ... Petitioners/Accused Rank Not Known -Vs1.The State represented by, The Deputy Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Theni Police Station, Theni District.

(Crime No.679/2016) ... Respondents / Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge-cum-PCR Court, Theni, to consider the bail application of the petitioners on the very same day of their surrender in connection with the FIR in Crime No.679 of 2016 pending investigation on the file of 1st Respondent police. For Petitioners : Mr.A.Sivakumar For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed, for direction to the learned Principal District and Sessions Judge-cum-PCR Court, Theni, to consider the bail application of the petitioners on the very same day of their surrender in connection with the FIR in Crime No.679 of 2016 pending investigation on the file of 1st 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, 323, 506 (i) of the Indian Penal Code and Sections 3 (1) (i), 3(1)(ii), 3(1) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 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.

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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 Assistant Registrar /True Copy/ Sub -Assistant Registrar To:

1.The Principal District and Sessions Judge-cum-P.C.R. Court, Theni, Theni District.

2.The Deputy Superintendent of Police, Theni, Theni District.

3.The Inspector of Police, Theni Police Station, Theni District.

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

+One cc to Mr.M.S.Jeyakarthick, Advocate, SR.No.55630 dss/smn2 RL/6C/2P/JC/SAR4/9.5.2017 Crl.O.P.(MD) No.5678 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 04.05.2017