Madras High CourtCRL OP(MD)/719/2017disposed of

Rubasundar, v. The Deputy Superintendent Of

2017-01-24Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.719 of 2017 1.Rubasundar 2.Prabhu 3.Kiruba 4.Suriyaprakash 5.Vijayakannan 6.Gangadran 7.Deepan @ Subradeepan : Petitioners/A7, A8, A11, A12, A15 to A17 -vs1.The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

2.The State rep. by its The Inspector of Police, S.V.Mangalam Police Station, Sivagangai District. : Respondents/Complainants (Crime No. 4 of 2017 Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Additional Sessions Judge (Special Court for PCR Act Cases), Sivagangai, to accept the surrender of the petitioners and to consider the bail application on the same day in accordance with law of their surrender in connection with Crime No.4 of 2017 on the file of the Inspector of Police, S.V.Mangalam Police Station, Sivagangai District.

For Petitioners : Mr.R.M.Makesh Kumaravel For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned Additional Sessions Judge (Special Court for PCR Act Cases), Sivagangai, to accept the surrender of the petitioners and to consider the bail application on the same day of their surrender in connection with Crime No.4 of 2017 on the file of the 2nd respondent police.

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2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 143, 147, 294(b), 323, 324, 506(ii) IPC, 4 of W.H. Act, 3(1)of PPDL Act r/w Section 3(1)(r) & (s) of SC/ST (POA) Act, in Crime No.4 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.

3.Heard Mr.K.Anbarasan, 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 Additional Sessions Judge (Special Court for PCR Act Cases), Sivagangai, within fifteen days from today and if they filed any bail application in this crime number, learned Additional Sessions Judge (Special Court for PCR Act Cases), Sivagangai, 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(CS-II) /True Copy/ Sub Assistant Registrar.

To:

1.The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

2.The Inspector of Police, S.V.Mangalam Police Station, Sivagangai District.

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

+1CC to M/S.R.M.Makesh Kumaravel, Advocate, SR.No. 3894 Crl.O.P.(MD) No.719 of 2017 24.01.2017 https://hcservices.ecourts.gov.in/hcservices/ er AM/MSM JM/SAR-1/30.01.2017/2P/5C