Vijay S/O Balukannu v. The State Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD)No.5919 of 2017 1.Vijay 2.Ajith Kumar 3.Mohan 4.Deeban Raj 5.Surendhar : Petitioners Vs.

The State rep. By

1. The Deputy Superintendent of Police, Pattukottai Sub Division, Thanjavur District.

2. The Inspector of Police, Madukkur Police Station, Thanjavur District.

(Crime No.95 of 2017) : Respondents Prayer:Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned IAdditional District Judge cum P.C.R Court, Thanjavur to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.95 of 2017 on the file of the respondent police.

For Petitioners : Mr.B.Jameel Arasu For Respondents : Mr.A.P.Balasubramani, Government Advocate (Crl.side)

O R D E R

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the learned I-Additional District Judge cum P.C.R Court, Thanjavur to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.95 of 2017 on the file of the respondent police.

2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 341, 294(b), 323, 324 IPC r/w 3(1)(r), 3(1)(s), 3(2)(va) SC/ST (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 said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the said prayer.

3. The learned Government Advocate (Criminal side) takes notice for the respondents.

4. Considering the submissions of both sides and also considering the nature of the prayer in this case, in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the petitioners are directed to surrender before the learned I-Additional District Judge cum P.C.R Court, Thanjavur, in respect of Crime No.96 of 2017 on the file of the respondent police, within two weeks from the date of receipt of a copy of this order and on the petitioners' surrender and filing bail application in Crime No.96 of 2017, the learned I-Additional District Judge cum P.C.R Court, Thanjavur, in turn, is directed to accept their surrender and consider their bail application on merits and in accordance with law on the same day.

5. With the above direction, this petition is disposed of. Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To

1. The I-Additional District Judge cum P.C.R Judge, Thanjavur.

2. The Deputy Superintendent of Police, Pattukottai Sub Division, Thanjavur District.

3. The Inspector of Police, Madukkur Police Station, Thanjavur District.

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

+1cc to M/S. B. JAMEEL ARASU, Advocate, SR.No.56834 Order made in Crl.O.P.(MD)No.5919 of 2017 Dated: 17.05.2017 SDS/RSK/SAR 3/19.05.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/