Madras High CourtCRL OP(MD)/20514/2016ordered

R. Balakrishnan 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.20514 of 2016

1. R.Balakrishnan

2. K.Kumar

3. P.Natarajan ... Petitioners Vs.

State represented by The Inspector of Police, Lalgudi Police Station, Trichy District.

(Crime No.602 of 2016) ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure to accept the surrender of the petitioners before the Special Court for SC/ST (Prevention of Atrocities Act) i.e., the I Additional District and Sessions Judge (Special Court for P.C.R. Cases) at Trichy, Trichy District in connection with the Crime No.602 of 2016 on the file of the respondent police and to consider the bail application filed by the petitioners on the same day.

For Petitioners : Mr.C.Jeganathan for M/S.VEERA ASSOCIATES 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 I Additional District and Sessions Judge (Special Court for P.C.R. Cases) at Trichy, Trichy District to consider and dispose of the bail application filed by the petitioners in Crime No.602 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.

https://hcservices.ecourts.gov.in/hcservices/

3. The petitioners are arrayed as accused in Crime No.602 of 2016 for the offences punishable under Sections 294(b), 324, 506(ii) of I.P.C., r/w. Section 3(1)(x) of 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.602 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 (Crl.Side) /True Copy/ Sub Assistant Registrar akv To

1. I Additional District and Sessions Judge (Special Court for P.C.R. Cases) at Trichy, Trichy District.

2 Do Thro' Principal Sessions Judbge, Trichy.

3. The Inspector of Police, Lalgudi Police Station, Trichy District.

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

+1CC to Mr.Veera Associates, Advocate Sr.No.64669 GJM/PV/7.11.16-2p-6c https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD) No.20514 of 2016 26.10.2016