Madras High CourtCRL OP(MD)/20211/2016ordered

Supramanian v. The Inspector Of Police

2016-10-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.20211 of 2016 1.Supramanian 2.Selvi 3.Dhanalakshmi 4.Deivanai 5.Sasikala .. Petitioners Vs.

State Represented by The Inspector of Police, Palani Adivaram Police Station, Dindigul District.

(Crime No.356 of 2016) .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul to consider the petitioner's bail application on the same day of their surrender in Crime No.356 of 2016 on the file of the Inspector of Police, Palani Adivaram Police Station, Dindigul District. For Petitioners : Mr.T.Lenin Kumar For respondent : Mr.K.Anbarasan Government Advocate (Criminal side)

ORDER

This application has been filed seeking a direction to the Court, which is dealing with the SC/ST Act cases to consider the bail application on the day of surrender itself. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent. 3.The petitioners are arrayed as accused in Crime No.465/2016 in respect of the offences under Sections 147, 294(b), 323, 336, 506 (ii) of IPC r/w 3(1)(i), 3(1)(V) & 3(1)(r)(s) of The SCH Castes and SCH Tribes (Prevention of Atrocities) 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 https://hcservices.ecourts.gov.in/hcservices/

therefore, the petitioners have come forward with the said prayer. 4.The learned Government Advocate (Crl. Side) would submit that the injured person had already been discharged from the hospital. 5.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 Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul, is directed to accept the surrender of the petitioners and consider their bail application, in the event of the petitioners filing such petition in Crime No.356/2016 on the file of the respondent police and dispose of the same on merits and in accordance with law on the same day.

6.This petition is disposed of accordingly.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul 2.The Inspector of Police, Palani Adivaram Police Station, Dindigul District.

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

+ 1 CC TO Mr.T.LENIN KUMAR, ADVOCATE IN SR No. 62582 AM TE/KM/SAR-I : 24/10/2016 : 2P/5C Crl.O.P(MD)No.20211 of 2016 21.10.2016 https://hcservices.ecourts.gov.in/hcservices/