Madras High CourtCRL OP(MD)/5689/2017disposed of

Vicky 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.5689 of 2017 1.V.Vicky 2.P.Arun 3.D.Perumal @ Sevugaperumal 4.C.Sankar Thayal Sharma @ Tharma 5.T.Sundar ... Petitioners/Accused No.1 to 5 -Vs1.State Represented by The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Taluk Police Station, Sivagangai District (Crime No. 110 of 2017) ... 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 P.C.R. Court, Sivagangai, to consider the petitioners' bail application and dispose the bail application on the same day, if the petitioners surrender before the learned Principal District and Sessions Judge cum P.C.R. Court, Sivagangai, in Crime No.110 of 2017 on the file of the respondent police.

For Petitioners : Mr.N.Saravanan 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 P.C.R. Court, Sivagangai to consider the petitioners' bail application and dispose the bail application on the same day, if the petitioners surrender before the learned Principal District and Sessions Judge cum P.C.R. Court, Sivagangai in Crime No.110 of 2017 on the file of the respondents.

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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, 341, 324 and 506 (ii) of the Indian Penal Code r/w. Sections 3(1)(s) and 3(1)(a) of the Scheduled Castes and the 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.

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 Principal District and Sessions Judge-cum-P.C.R. Court, Sivagangai District.

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

3.The Inspector of Police, Taluk Police Station, Sivagangai District.

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

+1 CC to M/s.N.SARAVANAN, Advocate, SR No. 55644 DSS/SMN2 PSM/SV/SAR4/09.05.2017/2P/6C Crl.O.P.(MD) No.5689 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/