Madras High CourtCRL OP(MD)/6054/2017ordered

K.Ajith Kumar, v. The Inspector Of Police,

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

0BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD)No.6054 of 2017 1.K.Ajith Kumar 2.Raj @ Rajukumar : Petitioner/Accused 6&7 Vs.

State rep. By The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District.

(Crime No.120 of 2017) : Respondent/Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned District and Sessions Judge (PCR), Ramanathapuram, to consider the bail application of the petitioners in Crime No.120 of 2017 on the file of the respondent Police on the same day of surrender on merits.

For Petitioners : Mr.M.Vignesh Kumar For Respondent : 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 District and Sessions Judge (PCR), Ramanathapuram, to consider the bail application of the petitioners in Crime No.120 of 2017 on the file of the respondent Police on the same day of surrender on merits. 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, 323, 294(b), 427 and 506(i) IPC and Section 3(i)(r), 3(1)(s) of SC/ST 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 respondent.

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 https://hcservices.ecourts.gov.in/hcservices/

Atrocities) Act that the petitioners cannot move any anticipatory bail, the petitioners are directed to surrender before the learned District and Sessions Judge (PCR), Ramanathapuram, in respect of Crime No.120 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.120 of 2017, the learned District and Sessions Judge (PCR), Ramanathapuram, 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/- Assistant Registrar(V.O) /True copy/ Sub Assistant Registrar To 1.The District and Sessions Judge (PCR), Ramanathapuram.

2.The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District.

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

+1cc to Mr.M.Vigneshkumar,Advocate,SR.56677 Crl.O.P.(MD)No.6054 of 2017 17.05.2017 PS/GK kk/SV/SAR1-17.05.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/