Madras High CourtCRL OP(MD)/6085/2017ordered

J.Narendra Kumar @ Naresh v. The Deputy Superintendent Of

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.6085 of 2017 1.J.Narendra Kumar @ Naresh 2.J.Muthukumar 3.K.Mathivanan @ Kutti 4.Saravanan : Petitioners Vs.

1.The Deputy Superintendent of Police, Oomatathcikulam Sub-Division, Madurai, Madurai District.

2.The Inspector of Police, Ommatchikulam Circle, Ommatchikulam, Madurai District.

: Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned III Additional Sessions Judge (PCR), Madurai, to accept the surrender of the petitioners and consider their bail application on the same day in connection with Crime No.88 of 2017 on the file of the respondent Police.

For Petitioners : Mr.R.Karunanidhi 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 III Additional Sessions Judge (PCR), Madurai, to accept the surrender of the petitioners and consider their bail application on the same day in connection with Crime No.88 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, 294(b) and 323 IPC and Section 3(2) (va) of SC/ST (Prevention of Atrocities) Act and that in view of https://hcservices.ecourts.gov.in/hcservices/

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 III Additional Sessions Judge (PCR), Madurai, in respect of Crime No.88 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.88 of 2017, the learned III Additional Sessions Judge (PCR), Madurai, 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 III Additional Sessions Judge (PCR), Madurai.

2.The Deputy Superintendent of Police, Oomatathcikulam Sub-Division, Madurai, Madurai District.

3.The Inspector of Police, Ommatchikulam Circle, Ommatchikulam, Madurai District.

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

Ps/gk AE/MMS/SAR3/19.05.2017/2P/5C Order made in Crl.O.P.(MD)No.6085 of 2017 Dated: 17.05.2017 https://hcservices.ecourts.gov.in/hcservices/