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Madras High CourtCRL OP(MD)/5931/2017ordered

S.Ramasamy, v. The Deputy Superintendent Of

2017-05-17Honourable Mr Justice M.V. Muralidaran2 pages

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.5931 of 2017 1.S.Ramasamy 2.Alagumuthu : Petitioners Vs.

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

2.State rep. By its The Inspector of Police, Nalatinpudur Police Station, Tuticorin District.

(Crime No.117 of 2017) : Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Sessions Judge cum P.C.R Court, Tirunelveli, to consider the bail application filed by the petitioner in Crime No.117 of 2017 on the file of the 2nd respondent.

For Petitioners : Mr.T.Nagarajan 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 Sessions Judge cum P.C.R Court, Tirunelveli, to consider the bail application filed by the petitioner in Crime No.117 of 2017 on the file of the 2nd respondent.

2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 294(b), 323 IPC r/w 3(1)(r), 3(1) (s), 3(2)(v)(a) SC/ST (Prevention of Atrocities) 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. https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge cum P.C.R Court, Tirunelveli, in respect of Crime No.117 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.117 of 2017, the learned Sessions Judge cum P.C.R Court, Tirunelveli, 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/ Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The learned Sessions Judge cum P.C.R Judge, Tirunelveli. 2.The Deputy Superintendent of Police, Kovilpatti, Tuticorin District.

3.State rep. By its The Inspector of Police, Nalatinpudur Police Station, Tuticorin District.

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

+One cc to Mr.P.Subbaraj, Advocate, SR.No.56692 ps/gk RL/6C/2P/JC/SAR3/19.5.2017 Order made in Crl.O.P.(MD)No.5931 of 2017 Dated: 17.05.2017 https://hcservices.ecourts.gov.in/hcservices/