Madras High CourtCRL OP(MD)/20470/2016ordered

A. Selvaraj Alias Selvam v. The Inspector Of Police

2016-10-26Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.20470 of 2016

1. A.Selvaraj @ Selvam

2. M.Rajasekar @ Sekar ... Petitioners/Accused Rank No.1 and 2 Vs.

State represented by the Inspector of Police, Mathichayam Police Station, Madurai City, Madurai.

(Crime No.900 of 2016) ... Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure to direct the learned III Additional Sessions Judge (PCR) Madurai to accept the surrender of the petitioners and consider their bail application on the same day on merits relating to Crime No.900 of 2016 on the file of respondent police.

For Petitioners : Mr.S.R.Anbarasu For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The Criminal Original Petition has been filed for a direction to the learned III Additional Sessions Judge (PCR) Madurai, to consider and dispose of the bail application filed by the petitioners in Crime No.900 of 2016 on the file of the respondent herein, on the same day of their surrender before the said Court.

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 in Crime No.900 of 2016 for the offences punishable under Sections 147, 148, 342, 294(b), 323, 506(i), 392(NP) I.P.C. r/w. Section 3(1)(s) of https://hcservices.ecourts.gov.in/hcservices/

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 has come up with this petition.

4. The learned Government Advocate (Crl.Side) would submit that the injured has 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 an application for bail. The Court concerned is directed to accept the surrender of the petitioners in Crime No.900 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 (Records) /True Copy/ Sub Assistant Registrar akv To

1. The III Additional Sessions Judge (PCR), Madurai.

2. The Inspector of Police, Mathichayam Police Station, Madurai City, Madurai.

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

+1CC to Mr.S.R.Anbarasu, Advocate Sr.No.63995 GJM/GSV/PM/9.11.16-2p-5C Crl.O.P.(MD) No.20470 of 2016 26.10.2016 https://hcservices.ecourts.gov.in/hcservices/