Madras High CourtCRL OP(MD)/608/2017disposed of

Natesan v. The Deputy Superintendent Of

2017-01-23Honourable Mr Justice G. Chockalingam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.608 of 2017 1.Natesan 2.Sivakumar 3.Selvam : Petitioners/A1 to A3 -vsState rep. by, 1.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

2.The Inspector of Police, Thiruvonam Police Station, Thanjavur District. (cr.nO.8/17) : Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Judge for SC/ST (Prevention of Atrocities) Act/1st Additional Sessions Judge (PCR Unit), Thanjavur, to consider the bail application of the petitioners on the same day of their surrender in Crime No.8 of 2017 on the file of the 2nd respondent.

For Petitioners : Mr.R.P.Ramachanthiran For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the Special Judge for SC/ST (Prevention of Atrocities) Act/1st Additional Sessions Judge (PCR Unit), Thanjavur, to consider the bail application of the petitioners on the same day of their surrender in Crime No.8 of 2017 on the file of the 2nd respondent. 2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Section 506(i) IPC r/w 3(1)(f), 3(1)(g) of SC/ST (Prevention of Atrocities) Amendment Act, 2015, in Crime No.8 of 2017 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of Atrocities) Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioner has come forward with the present petition for the said prayer.

3.Heard Mr.K.Anbarasan, the learned Government Advocate (Crl.Side), who takes notice for the respondents.

4.Considering the submissions of both sides, this criminal original petition is disposed of with the following direction:- The petitioners are directed to surrender before the learned Special Judge for SC/ST (Prevention of Atrocities) Act/1st Additional Sessions Judge (PCR Unit), Thanjavur, within fifteen days from today and if they filed any bail application in this crime number, learned Special Judge for SC/ST (Prevention of Atrocities) Act/1st Additional Sessions Judge (PCR Unit), Thanjavur, is directed to dispose of the application, after giving notice to the concerned Public Prosecutor, purely on merits and in accordance with law on the same day itself. With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To:

1.1st Additional Sessions Judge(PCR) Thanjavur.

2.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

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

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

+1cc to Mr.R.P.Ramachanthiran,Advocate,SR.3641 ER KK-MPA-SAR3-31.01.17-2P-6C Crl.O.P.(MD) No.608 of 2017 23.01.2017

23.01.2017