Madras High CourtCRL OP(MD)/20138/2016disposed of

Devaraj v. The Deputy Superintendent Of

2016-10-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.20138 of 2016 1.Devaraj 2.Chandran 3.Sethuraj @ Kunash .. Petitioners/Accused Vs.

1.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

2.State rep. by The Inspector of Police, Vadakadu Police Station, Pudukkottai District.

(Crime No.204 of 2016) .. Respondent/complainants PRAYER: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned District and Sessions Judge, (PCR Court), Pudukkottai, to accept the surrender of the petitioners and consider their bail application, on the same day on merits in relating to Crime No.204 of 2016 dated 15.10.2016 on the file of the respondent police.

For Petitioners : Mr.D.Ramesh Kumar For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioners seek a direction to the learned District and Sessions Judge, (PCR Court), Pudukkottai, to consider the bail application of the petitioners on the day of surrender itself.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondents.

3 The petitioners are arrayed as accused in Crime No.204 of 2016 for the offences punishable under Sections 294(b), 323 of IPC and Section 3(1)(r)(s), 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 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 up with this petition. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would submit that the injured person had already been discharged from the hospital.

5.Considering the facts and circumstances of the case, the petitioners are directed to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file bail application. The Court concerned is directed to accept the surrender of the petitioners in Crime No.204 of 2016 and consider the bail application of the petitioners and dispose of the same on merits and in accordance with law, on the same day of their surrender.

6.This Criminal Original Petition is ordered accordingly. Sd/ Assistant Registrar(C.S.-II) /TRUE COPY/ Sub Assistant Registrar To:

1.The District and Sessions Judge, (PCR Court), Pudukkottai, 2.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

3.The Inspector of Police, Vadakadu Police Station, Pudukkottai District.

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

+1cc to M/S.D.Rameshkumar, Advocate in SR.No.62136. Crl.O.P.(MD) No.20138 of 2016 20.10.2016 pjl msm/sk-skn/02.11.16/p2/6c https://hcservices.ecourts.gov.in/hcservices/