Madras High CourtCRL OP(MD)/699/2017disposed of

Mahendran v. The Deputy Superintendent Of

2017-01-31Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.699 of 2017 1.Mahendran 2.Satheesh : Petitioners/A1 and A4 -vs1.The Deputy Superintendent of Police, Thiruvadanai Division, Ramnad District.

2.The Inspector of Police, Thiruvadanai Police Station, Ramnad District.

(Crime No.12 of 2017) : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District Court and Sessions Court (PCR Act) Cases, Ramanathapuram, to consider their bail application on the same day of their surrender in respect of Crime No.12 of 2017 on the file of the 2nd respondent police, pending investigation.

For Petitioners : Mr.M.Subash Babu For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned Principal District and Sessions Court (PCR Act cases), Ramanathapuram, to accept the surrender of the petitioners and consider their bail application on the same day on merits, in relating to Crime No.12 of 2017, on the file of the respondents police.

2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 294(b), 324, 307 IPC r/w 3(1)(r), 3(1)(s) of SC/ST (POA) Amendment Act, 2015, in Crime No.12 of 2017 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of Atrocities) Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the present petition for the said prayer. https://hcservices.ecourts.gov.in/hcservices/ 3.Heard Mr.K.Anbarasan, the learned Government Advocate (Crl.Side), who takes notice for the respondents.

4.Considering the submissions of both sides, this criminal original petition is disposed of with the following direction:- The petitioners are directed to surrender before the learned Principal District and Sessions Court (PCR Act cases), Ramanathapuram, within fifteen days from today and if they filed any bail application in this crime number, learned Principal District and Sessions Court (PCR Act cases), Ramanathapuram, is directed to dispose of the application, after giving notice to the concerned Public Prosecutor, purely on merits and in accordance with law on the same day itself.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To:

1.The Deputy Superintendent of Police, Thiruvadanai Division, Ramnad District.

2.The Inspector of Police, Thiruvadanai Police Station, Ramnad District.

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

+1cc to Mr.N.SubashBabu,Advocate,Sr.5217 ER KK-RSK-SAR.3-03.02.17-2p-5c Crl.O.P.(MD) No.699 of 2017 31.01.2017 https://hcservices.ecourts.gov.in/hcservices/