Madras High CourtCRL OP(MD)/20275/2016disposed of

Alagarsamy v. The Inspector Of Police,

2016-10-24Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.20275 of 2016 1.Alagarsamy 2.Boominathan 3.Muthu Nadar .. Petitioners/A1 to A3 Vs.

State rep. by The Inspector of Police, Sakkottai Police Station, Sivagangai District.

(Crime No.295 of 2016) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned Principal District and Sessions Judge, (PCR Court), Sivagangai, to consider the bail application on the same day of their surrender in connection with Crime No.295 of 2016 on the file of the respondent police. For Petitioners : Mr.V.Karuna For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioners seek a direction to the learned Principal District and Sessions Judge, (PCR Court), Sivagangai, 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 respondent.

3 The petitioners are arrayed as accused Nos.1 to 3 in Crime No.295 of 2016 for the offences punishable under Sections 294(b), 324, 379, 506(ii) of IPC read with Section 3(1)(r), 3(1) (s) of the Scheduled Castes and Scheduled 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 therefore, the petitioners have come up with this petition.

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4.The learned Government Advocate (Crl. Side) would submit that the injured 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.295 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(CO) /True Copy/ Sub Assistant Registrar To:

1.The Principal District and Sessions Judge, (PCR Court), Sivagangai.

2.The Inspector of Police, Sakkottai Police Station, Sivagangai District.

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

+1cc to Mr.V.Karuna Advocate Sr.No. 63019 JAM/25.10.16/GSV_pm/SAR 3 2p-5c Crl.O.P.(MD) No.20275 of 2016 24.10.2016 https://hcservices.ecourts.gov.in/hcservices/