Madras High CourtCRL OP(MD)/20595/2016disposed of

Sudalaimuthu 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.20595 of 2016

1. Sudalaimuthu

2. Krishnasamy ... Petitioners/Accused No.1 & 4 Vs.

State represented by the Inspector of Police, Kovilpatti East Police Station, Thoothukudi District in (Crime No.139 of 2013) ... Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure to direct the II Additional District and Sessions Judge cum (P.C.R. Court), Tirunelveli to consider the bail application on the same day of their surrender in connection with Crime No.139 of 2013 on the file of the respondent police. For Petitioners : Mr.Lakshmi Gopinathan 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 II Additional District and Sessions Judge cum (P.C.R. Court), Tirunelveli to consider and dispose of the bail application filed by the petitioners in Crime No.139 of 2013 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.139 of 2013 for the offences punishable under Sections 147, 148, 294(b), 324 and 506(i) 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 https://hcservices.ecourts.gov.in/hcservices/

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.139 of 2013 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 District and Sessions Judge cum (P.C.R. Court), Tirunelveli.

2. The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District

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

+ 1 CC TO M/S.POLEX LEGAL SOLUTIONS, SR No.63961/16 AKV TE/SKS-RR/SAR-III : 04/11/2016 : 2P/5C Crl.O.P.(MD) No.20595 of 2016 26.10.2016 https://hcservices.ecourts.gov.in/hcservices/