Madras High CourtCRL OP(MD)/6147/2017ordered

Ponnaiyan 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.6147 of 2017 1.Ponnaiyan 2.Boomi 3.Karbakam 4.Deepan 5.Ganesan 6.Muthupillai 7.Sooriya 8.Santhi : Petitioners/Accused Nos.1 to 8 Vs.

The State through the Inspector of Police, Melur Police Station, Madurai District.

(Crime No.514 of 2017) : Respondent/Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Special Judge (III Additional Sessions Judge), Madurai, to consider the bail application of the petitioners on the same day of their surrender in respect of Cr.No.514 of 2017, on the file of the respondent police.

For Petitioners : Mr.S.J.Chakkaravarthy 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 Special Judge(III Additional Sessions Judge), Madurai, to accept the surrender of the petitioners and consider their bail application on the same day in connection with Crime No.514 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, 294(b), 323, 324, 506(ii) I.P.C., r/w under Section 3(2)(Va) of SC/ST (P.O.A)Act, 2015 and that in view of the specific bar under Section 18 of the said Act, https://hcservices.ecourts.gov.in/hcservices/

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 Atrocities) Act that the petitioners cannot move any anticipatory bail, the petitioners are directed to surrender before the learned Special Judge(III Additional Sessions Judge), Madurai, in respect of Crime No.514 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.514 of 2017, the learned Special Judge(III Additional Sessions Judge), 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 VACATION OFFICER /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Special Judge(III Additional Sessions Judge), Madurai.

2.The Inspector of Police, Melur Police Station, Madurai District.

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

+1 CC TO MR.S.J.CHAKRAVARTHY, ADVOCATE,SR NO.56683 PS/GK MAS/JC/SAR3:19.05.2017:2P-5C Order made in Crl.O.P.(MD)No.6147 of 2017 Dated: 17.05.2017 https://hcservices.ecourts.gov.in/hcservices/