Madras High CourtCRL OP(MD)/20351/2016disposed of

Murugesan 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.20351 of 2016 1.Murugesan 2.Velladurai .. Petitioners/A1 and A3 Vs.

State rep. by The Inspector of Police, Gangaikondan Police Station, Tirunelveli District.

(Crime No.107 of 2015) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned II-Additional Sessions Judge (Special Court for PCR Cases), Tirunelveli, to consider the bail application on the same day of their surrender in respect of Crime No.107 of 2015 on the file of the respondent police. For Petitioners : Mr.D.Venkatesh For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioners seek a direction to the learned IIAdditional Sessions Judge (Special Court for PCR Cases), Tirunelveli, 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 and 3 in Crime No.107 of 2015 for the offences punishable under Sections 147, 294(b), 323, 342 and 506(ii) of IPC and Section 3(1)(x) 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.

4.The learned Government Advocate (Crl. Side) would submit that the injured had already been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/ 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.107 of 2015 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 II-Additional Sessions Judge (Special Court for PCR Cases), Tirunelveli.

2.The Inspector of Police, Gangaikondan Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1cc to Mr.D.VenkateshAdvocate Sr.No.63216 JAM/25.10.16/gsv-pm/SAR 3 2/5c Crl.O.P.(MD) No.20351 of 2016 24.10.2016 https://hcservices.ecourts.gov.in/hcservices/