Madras High CourtCRL OP(MD)/21094/2016disposed of

Ranjith, v. The Deputy Superintendent Of

2016-11-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21094 of 2016 1.Ranjith 2.Prabhakaran .. Petitioners/A1 & A2 Vs.

1.The Deputy Superintendent of Police, Kumbakonam, Thanjavur District.

2.State rep. by The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.

(Crime No.463 of 2016) .. Respondent/complainants Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned I-Additional District and Sessions Judge, (PCR Court), Thanjavur, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.463 of 2016 dated 05.10.2016 on the file of the respondent police.

For Petitioners : Mr.S.Rajaprabu For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioners seek a direction to the learned IAdditional District and Sessions Judge, (PCR Court), Thanjavur, to consider the bail application of the petitioners on the day of surrender itself.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondents.

3 The petitioners are arrayed as accused Nos.1 and 2 in Crime No.463 of 2016 for the offences punishable under Sections 294(b) of IPC and Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, and that in view of the specific bar contained in https://hcservices.ecourts.gov.in/hcservices/

Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come up with this petition.

4.The learned Government Advocate (Crl. Side) would submit that the injured person had already 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 bail application. The Court concerned is directed to accept the surrender of the petitioners in Crime No.463 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(CSI) /True Copy/ Sub Assistant Registrar PJL To:

1.The I-Additional District and Sessions Judge, (PCR Court), Thanjavur.

2.The Deputy Superintendent of Police, Kumbakonam, Thanjavur District.

3.The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.S.Rajaprabu Advocate Sr.No. 66773 JAM/18.11.16/DB/ 2p-6c Crl.O.P.(MD) No.21094 of 2016 07.11.2016 https://hcservices.ecourts.gov.in/hcservices/